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Legal Commentary

: Prawfs

Bivens and telecom immunity

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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I previously have written about the congressional grant of retroactive immunity to the telecommunications companies for assisting the federal government with warrantless domestic surveillance. I have argued that the immunity grant appears constitutionally valid, at least as to a challenge under United States v. Klein and other arguments about retroactive changes to the law. But a conversation yesterday suggested one possible basis for challenge that I had not considered: the Bivens doctrine. Bi read more

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Full post as published by Prawfs on August 27, 2008 (boomark / email).

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