Vol. 96 No. 5, May 2021

Index

• INTRODUCTION.
• LESSONS FOR BIVENS AND QUALIFIED IMMUNITY DEBATES FROM NINETEENTH-CENTURY DAMAGES LITIGATION AGAINST FEDERAL OFFICERS.
• RECOVERING THE TORT REMEDY FOR FEDERAL OFFICIAL WRONGDOING.
• GOING ROGUE: THE SUPREME COURT'S NEWFOUND HOSTILITY TO POLICY-BASED BIVENS CLAIMS.
• THE INCONSISTENT ORIGINALISM OF JUDGE-MADE REMEDIES AGAINST FEDERAL OFFICERS.
• WAS BIVENS NECESSARY?
• BIVENS AND THE ANCIEN REGIME.
• A SCAPEGOAT THEORY OF BIVENS.
• STARE DECISIS AS AUTHORITY AND ASPIRATION.
• A DUAL SYSTEM OF JUSTICE: FINANCIAL INSTITUTIONS AND WHITE-COLLAR CRIMINAL ENFORCEMENT.
• THE IMPACT OF SCHREMS II: NEXT STEPS FOR U.S. DATA PRIVACY LAW.
• JUDICIAL AUTONOMY V. EXECUTIVE AUTHORITY: WHICH PREVAILS IN THE CASE OF A POSTCOMMUTATION COLLATERAL ATTACK?
• UPDATING THE FEDERAL AGENCY ENFORCEMENT PLAYBOOK.