Constitutional Law Article

Constitutional Remedies: In One Era and Out the Other

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. . . .
Civil Rights Leading Case

Egbert v. Boule

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...