Author Archives: Bernard Bell

Plausible Deniability: Selective Disclosure of Information and FOIA

by Bernard Bell — Thursday, May 17, 2018

Unofficial leaking has been in the news recently, and is never far away from public consciousnesses.  But “[g]overnment officials and military officers, from the President on down, routinely authorize leaks for policy or political purposes.”  Jack Nelson, U.S. government Secrets and the Current Crackdown on Leaks 2 (2002), accessible at, https://shorensteincenter.org/wp-content/uploads/2012/03/2003_01_nelson.pdf?x78124. Suppose intelligence officials want […]

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On the Supreme Court Docket — Guido v. Mt. Lemmon School District: Numerosity Requirements in the ADEA and Other Employment Discrimination Statutes (Part II)

by Bernard Bell — Tuesday, May 15, 2018

This is the second of two posts regarding Guido v. Mt. Lemmon School District,  Dkt. No. 17-587, currently on the Supreme Court docket for the October 2018 Term.  The case involves the applicability of Age Discrimination in Employment Act of 1967’s (ADEA) numerosity requirement, 29 U.S.C.A. § 630(b), to public employers. In my prior post […]

On the Supreme Court Docket — Guido v. Mt. Lemmon School District: Numerosity Requirements in the ADEA and Other Employment Discrimination Statutes (Part I)

by Bernard Bell — Thursday, May 10, 2018

The U.S. Supreme Court granted certiorari in Guido v. Mt. Lemmon School District.  — U.S. — , 138 S.Ct. 1165 (February 26, 2018).  Presumably, it did so to resolve a Circuit split regarding the application of the Age Discrimination in Employment Act of 1967’s (ADEA) numerosity requirement, 29 U.S.C.A. § 630(b), to public employers.  In […]

Critiquing Hernandez v. Mesa: Contextual Assessment of Administrative Law’s Potential as an Alternative to Bivens Remedies

by Bernard Bell — Wednesday, Apr. 25, 2018

On June 7, 2010, border patrol agent Jesus Mesa fatally shot Sergio Güereca, a 15–year–old Mexican national.  Güereca was standing near the cement culvert separating the United States and Mexico.  Hernández and several friends had run up the culvert’s embankment on the U.S. side, touched the border fence, and returned to Mexican territory.  Agent Mesa […]

Applying the “Deliberative Process Privilege” to Internal Agency Debates Regarding Communications Strategy

by Bernard Bell — Tuesday, Apr. 10, 2018

On December 14, 2017, the Federal Communications Commission voted to repeal its Obama-Era net neutrality rules.  The day before the vote, FCC Chair Ajit Pai appeared in a humorous and unconventional “Harlem Shake” video produced by the Daily Caller, a conservative website.  In the video, entitled “7 Things You Can Still Do After Net Neutrality,” […]