This Note examines the propriety of a statutory replacement for the Bivens action. Part I of this Note outlines the history of implied causes of action generally, including the shifting attitude of the Court toward its power to fill gaps through the use of implied causes of action, as well as the Court’s attitude toward the Bivens action specifically. Part II examines the arguments for and against the adoption of a statutory replacement for Bivens in the context of the United States post-9/11. Part III contemplates a statutory replacement for Bivens, which would strike a balance between deterring rogue government individuals and protecting government officials who violate constitutional rights in the good faith execution of their jobs.
IQBAL SIGNALS BIVENS’ PERIL: A CALL FOR CONGRESSIONAL ACTION,
37 Fordham Urb. L.J. 1057
Available at: http://ir.lawnet.fordham.edu/ulj/vol37/iss4/3