Tag Archives: Bivens

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 […]

D.C. Circuit Review – Reviewed: A War Court

by Aaron Nielson — Friday, Oct. 23, 2015@Aaron_L_Nielson

“Each of the federal circuit courts of appeals has its own unique character,” John G. Roberts, Jr., once observed, shortly before he became the nation’s Chief Justice. “For example, I am sure you are familiar with the tradition in the Court of Appeals for the Fourth Circuit, where at the end of oral argument the […]