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- Title
Bivens's Revisions: Constitutional Torts After Minneci v. Pollard.
- Authors
Frampton, T. Ward
- Abstract
This Comment examines the current state of the Bivens doctrine in light of the Supreme Court's recent holding in Minneci v. Pollard. The author argues that, rather than another example of the Court's wariness toward "extending" Bivens to a "new context," Minneci represents a subtle but significant retreat for the doctrine itself After critiquing the Court's application of the traditional two-step test for assessing potential Bivens claims, the Comment concludes by exploring what the Minneci Court's reasoning may portend for the future of Bivens.
- Subjects
UNITED States; BIVENS v. Six Unknown Named Agents of Federal Bureau of Narcotics (Supreme Court case); MINNECI v. Pollard (Supreme Court case); SEARCHES &; seizures (Law); CRUEL &; unusual punishment; DUE process of law; CONSTITUTIONAL law
- Publication
California Law Review, 2012, Vol 100, Issue 6, p1711
- ISSN
0008-1221
- Publication type
Article