Cause of Action Constitutional Law Court New York 
Constitutional Law Reporter
JUNE 17, 2022
Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. Supreme Court’s Decision. . _ (2022), the U.S. In Bivens v.
JonathanTurley
MAY 7, 2022
Former President Donald Trump achieved mixed results in courts this week. He lost efforts to prevent a $10,000 per day fine for contempt in failing to turn over evidence on his assets in the civil investigation by New York Attorney General Letitia James. We have previously discussed this tort theory. In Neiman-Marcus v.
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JonathanTurley
JULY 23, 2021
What is interesting is that the Chapter includes a ban on any constitutional, contractual, or regulatory lawsuit for losses under this ban. NO PRIVATE CAUSE OF ACTION. (a) ” An actual state boycott could raise serious constitutional questions in interfering with interstate commerce and free speech. In Reeves, Inc.
JonathanTurley
SEPTEMBER 9, 2021
Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.
JonathanTurley
DECEMBER 23, 2020
This case pleads that everybody, even publicly elected officials and celebrities, is owed the right to sexual privacy and redress from our courts when they experience intimate partner violence.”. The use of emotional distress claims runs against the grain of various cases, including the Westboro decision of the Supreme Court in 2011.
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