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...
Vol. 132 No. 1 The suggestion that “‘the judicial Power of the United States . . . can no more be shared’ with another branch than ‘the Chief Executive, for example,...
Vol. 132 No. 1 Severability — the notion that a court may excise an unconstitutional part of a statute while leaving valid portions intact — forms a core...
Vol. 131 No. 8 The harmless constitutional error doctrine is as baffling as it is ubiquitous. Although appellate courts rely on it to deny relief for claimed constitutional...
Vol. 131 No. 6 Federal substantive criminal law and constitutional remedies might seem to be distinct bodies of law. But since the closing decades of the twentieth century,...