Vol. 136 No. 8 Article I, section 10, clause 1 of the Constitution introduces a litany of limitations on state power. States cannot, inter alia, “grant Letters of...
Vol. 136 No. 5 “It is a settled and invariable principle,” Chief Justice Marshall once wrote, “that every right, when withheld, must have a remedy.” Not quite. Although some view the idea of a substantive constitutional right without a remedy as oxymoronic, rights to remedies have always had a precarious constitutional status, which the Supreme Court has lately subjected to multifaceted subversion. . . .
Vol. 136 No. 1 Fifty-one years ago, in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court announced a cause of action for...
Vol. 135 No. 1 When a federal officer violates somebody’s constitutional rights, what remedies are appropriate for a court to grant? In the landmark case Bivens v. Six...
Vol. 134 No. 1 In its landmark decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court held that a federal agent’s...