Death By a Thousand Cuts | Season 2, Ep. 2
Bound By Oath by IJ
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The History and Controversy of the Bivens Action
This chapter discusses the history of suing state and local officials in federal court for money damages for constitutional violations, starting from 1871 and with more force in the 1960s. It explores the Supreme Court's attempt to fill the gap with the Bivens action, the controversy surrounding it, and its gradual limitation. The chapter also examines the impact of the Erie v. Tomkins case on the enforcement of constitutional rights.
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