On June 17, 2015, in Turkmen v. Hasty, the Second Circuit of the U.S. Court of Appeals affirmed in part the order of the U.S. District Court for the District of New York. This order denied motions to dismiss due process and equal protection claims for damages against federal officials, a cause of action created by the U.S. Supreme Court in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics (“Bivens”). The claims in Turkmen arose from the detainment and treatment of men perceived to be “Arab or Muslim” after 9/11. This Comment argues that the Second Circuit properly decided this case per the Bivens test without extending Bivens into a new context. This Comment also asserts that national security does not justify limitation...
In Footnote 4 of United States v. Carolene Products, frequently referred to as the most famous footn...
The Supreme Court\u27s decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narco...
Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security...
On June 17, 2015, in Turkmen v. Hasty, the Second Circuit of the U.S. Court of Appeals affirmed in p...
Since its inception, the Supreme Court has largely orphaned the Bivens doctrine, a child of its own ...
In June 2017, the Supreme Court decided Ziglar v. Abbasi and held that prisoners unlawfully detained...
Between 2004 and 2009, the United States Supreme Court relied numerous times on habeas corpus to pro...
The last decade has seen intense disputes about whether alleged terrorists captured during the nontr...
Litigation challenging the national security actions of the federal government has taken a seemingly...
In a 5-4 opinion, the United States Supreme Court once again denied a Bivens action. This case invol...
This article is about the rise and fall of continued adherence to the rule of law, proper applicatio...
When federal agents exhibit conduct that violates the United States Constitution, the Supreme Court ...
This Comment argues that §1189 is unconstitutional because it deprives accused terrorist organizatio...
This iBrief discusses the constitutionality of a government policy enacted shortly after September 1...
The Supreme Courts of Israel and the United States treat cases involving national security radically...
In Footnote 4 of United States v. Carolene Products, frequently referred to as the most famous footn...
The Supreme Court\u27s decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narco...
Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security...
On June 17, 2015, in Turkmen v. Hasty, the Second Circuit of the U.S. Court of Appeals affirmed in p...
Since its inception, the Supreme Court has largely orphaned the Bivens doctrine, a child of its own ...
In June 2017, the Supreme Court decided Ziglar v. Abbasi and held that prisoners unlawfully detained...
Between 2004 and 2009, the United States Supreme Court relied numerous times on habeas corpus to pro...
The last decade has seen intense disputes about whether alleged terrorists captured during the nontr...
Litigation challenging the national security actions of the federal government has taken a seemingly...
In a 5-4 opinion, the United States Supreme Court once again denied a Bivens action. This case invol...
This article is about the rise and fall of continued adherence to the rule of law, proper applicatio...
When federal agents exhibit conduct that violates the United States Constitution, the Supreme Court ...
This Comment argues that §1189 is unconstitutional because it deprives accused terrorist organizatio...
This iBrief discusses the constitutionality of a government policy enacted shortly after September 1...
The Supreme Courts of Israel and the United States treat cases involving national security radically...
In Footnote 4 of United States v. Carolene Products, frequently referred to as the most famous footn...
The Supreme Court\u27s decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narco...
Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security...