Bivens’s Revisions: Constitutional Torts After Minneci v. Pollard

Bivens’s Revisions: Constitutional Torts After Minneci v. Pollard

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.



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Transcending the Tacit Dimension: Patents, Relationships, and Organizational Integration in Technology Transfer

As a key driver of innovation and economic growth, university-industry technology transfer has attracted significant attention. Commentators often characterize “formal” technology transfer, which encompasses patenting and licensing university inventions, as proceeding according to market principles. Within this dominant conception, patents disclose and “commodify” academic inventions, which universities then advertise and transfer to private firms in […]

Rape Trauma, the State, and the Art of Tracey Emin

Prosecutors use rape trauma syndrome evidence at rape trials to explain victims’ “counterintuitive” behaviors and demeanors, such as their late reporting, rape denials, returns to the scenes of their attacks, and lack of emotional affect. Courts and experts, in instructions and testimony, usually describe victim reticence as a product of shame or trauma. But feminist […]

The Academic Study of Decision Making on Multimember Courts

The study of decision making on multimember courts has, in the past ten or so years, attracted increasing academic attention. In this Essay, I would like to briefly discuss this academic literature on multimember courts in an attempt to relate Judge Wood’s personal experiences to this literature. My hope is that this exercise will both […]

Dissent, “Dissentals,” and Decision Making

Building on Judge Wood’s Essay on the external consequences of separate writing by judges on multijudge appellate panels, this Essay looks internally to examine how separate writing affects judicial decision-making processes by appellate courts. Studies in psychology and behavioral economics have identified various cognitive biases that may impact judicial decision making and have demonstrated that […]

When to Hold, When to Fold, and When to Reshuffle: The Art of Decisionmaking on a Multi-Member Court

This Essay explores the instrumental and normative considerations that prompt judges to publish separate opinions. After discussing the traditions of separate writing in American judicial practice, the author provides a contemporary judge’s perspective on the aims of separate opinions and on the cost-benefit analysis that judges invariably undertake when contemplating whether to write a concurrence […]