Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct overseas -- Overcoming qualified immunity -- Common law solutions to judge-made problems.
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