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Master and Commander: The Bidens Are Now Strictly Liable for German Shepherd
5 Oct 2023, 5:35 am by jonathanturley
In Westfall v. [read post]
Jonathan Turley - https://jonathanturley.org/
[Jonathan H. Adler] D.C. Circuit Affirms Dismissal of Bivens Claims Over Clearing of Lafayette Park
25 Jun 2023, 12:06 pm by Jonathan H. Adler
See Bivens v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[John Ross] Short Circuit: A Roundup of Recent Federal Court Decisions
23 Jun 2023, 12:30 pm by John Ross
Another concurrence: Litigants are SOL when federal officers violate their constitutional rights unless they can find a loophole in the Westfall Act, which has generally prevented all state-tort suits against federal officers. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Why the Manhattan DA’s Trump Case Cannot Be Removed to Federal Court
18 May 2023, 5:14 am by Josh Blackman, Seth Barrett Tillman
” In United States v. [read post]
Lawfare - http://www.lawfareblog.com/
Trump v. Carroll sexual assault case reaches the Second Circuit
24 Apr 2023, 6:00 am by Second Circuit Civil Rights Blog
The state court case was removed to federal court on diversity grounds and the Second Circuit had to determine whether Trump's allegedly defamatory comments were made within the scope of his employment as President of the United States.The case is Carroll v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
D.C. Circuit Review – Reviewed: On the Outside Looking In
8 Apr 2023, 2:35 am by Aaron L. Nielson
This week’s case that has drawn the most attention is United States v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
D.C. Circuit Review – Reviewed: On the Outside Looking In
8 Apr 2023, 2:35 am by Aaron L. Nielson
This week’s case that has drawn the most attention is United States v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Carroll v. Trump, Redux: Why Would Congress Want to Have State Law Determine the President's Scope of Employment When the President is Already Immune for Acts Within the Outer Perimeters of the Office?
23 Mar 2023, 10:00 am
In considering whether the President is a federal employee for purposes of the Westfall Act in the Carroll v. [read post]
Insight ZS - https://www.zuckerman.com/news/insightzs
Oral Argument Preview: Blassingame v. Trump
6 Dec 2022, 5:01 am by Kristina Lorch, John Sullivan Baker
He argues that Clinton v. [read post]
Lawfare - http://www.lawfareblog.com/
Scope of employment determines if a federal officer or employee is entitled to absolute immunity for alleged tortious conduct alleged to have "happened on job"
28 Sep 2022, 4:00 am by Public Employment Law Press
Jean Carroll v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Scope of employment determines if a federal officer or employee is entitled to absolute immunity for alleged tortious conduct alleged to have "happened on job"
28 Sep 2022, 4:00 am by Public Employment Law Press
Jean Carroll v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Litigation Tracker: Pending Criminal and Civil Cases Against Donald Trump
9 Apr 2022, 3:01 am by Karl Mihm
Doe v. [read post]
Just Security - https://www.justsecurity.org/
Justices weigh the effect of foreign borders and national security in Bivens actions
3 Mar 2022, 6:51 am by Howard M. Wasserman
The Westfall Act, which offers remedies against the United States for agents’ tortious acts, preserved Bivens for constitutional claims. [read post]
SCOTUSblog - http://www.scotusblog.com/
What's the Justice Department Doing in the E. Jean Carroll Lawsuit?
21 Jun 2021, 1:04 pm by Mark C. Niles
In Westfall v. [read post]
Lawfare - http://www.lawfareblog.com/
[Josh Blackman] Biden v. Garland: When DOJ Takes Positions the President Disagrees With.
8 Jun 2021, 10:16 am by Josh Blackman
First, consider United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Presidential Immunity, the First Amendment and the Capitol Riot
3 Jun 2021, 12:01 pm by Bryce Klehm, Alan Z. Rozenshtein
In Clinton v. [read post]
Lawfare - http://www.lawfareblog.com/
Kent on Qualified Immunity and 19th-Century Federal Officers
26 May 2021, 6:30 am by ernst
Common law damages suits against federal officers are said to have remained routinely available until after Bivens was decided when, in the 1988 Westfall Act, Congress barred state-law tort suits against federal officers acting within the scope of their employment.Through case studies of litigation against federal officers involved in customs enforcement and maritime seizures, this Essay qualifies and revises these claims. [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
Here’s Merrick Garland’s Orientation Memo for the Trump-Era Hangover on Press Freedom
9 Mar 2021, 7:36 am by Bruce D. Brown, Gabe Rottman
In Branzburg v. [read post]
Lawfare - http://www.lawfareblog.com/
Global Freedom of Expression, Columbia University: Newsletter
4 Dec 2020, 4:50 pm by INFORRM
Š. v. [read post]
Inforrm\'s Blog - https://inforrm.wordpress.com/
United States: Media and Law Round Up – September 2020
17 Sep 2020, 1:16 am by INFORRM
The Volokh Conspiracy Blog has a piece dealing with the relevant legislation, the Westfall Act, and its application in other cases. [read post]
Inforrm\'s Blog - https://inforrm.wordpress.com/