Monthly Archives: February 2020

SBK, Phillip Poker Island: Rea plays his cards face up, others close to their chest – GPone English

Posted: February 29, 2020 at 11:29 pm

Two days of relaxation, the opportunity to momentarily switch off before diving into the race weekend. At this point, the riders tend to meet up in the streets of Cowes, a seaside resort 15 minutes away from the Phillip Island track, exchange a few words, go running to keep fit and admire the Australian landscape.

There is a carefree and relaxed air waiting for the engines to start up again on Friday, on the occasion of FP1. At the moment, therefore, all that remains is to look at the two days of tests on Monday and Tuesday to try and draw the first conclusions. Its certainly not easy, especially because Phillip Island is a particular track; moreover, they are tackling the opening race of the season, where tyres play a fundamental role as always. Some riders think it will be a race where tyre management is vital, without taking too many risks while there are others who perhaps want to take a big gamble. In the end, however, nobody wants to show their cards ahead of time, as if it were in some ways a game of poker.

The fact is that Johnny Rea and Kawasaki made it clear that they were starting as favourites, so much so that on Tuesday he hammered out a series of low 1m31s laps. An enviable pace, even though it is still too early to reach hasty conclusions, since we will have to see what the track conditions are like on Saturday. In these two days the weather has in some ways been an ally of the riders, as the track temperature has never exceeded 30 degrees, compared to over 40 one year ago. A possible surge in temperatures could become a serious problem.

Going back to the tests, someone who could question Rea's quest for victory are the Yamahas. This is the case of Toprak Razgatlioglu and Michael van der Mark, who with the R1 aim to knock the five-time world champion off his throne. Over one lap the Turk showed his potential, while on race pace there is still some doubt in terms of consistency. On the other hand, the Dutchman managed to keep pace with the Kawasaki man, so much so that Johnny indicated him as his main rival.

Watch out however, as there is a third duellist who has arrived on the scene, a man born to fight, Scott Redding. In the comparison with Rea, the Aruba rider was about one-tenth of a second down and this detail should not be overlooked, even though for Scott it remains to be seen what the behaviour of the tyre will be in view of the race, since it will be his first time with a Superbike at Phillip Island. It is only this last aspect that leaves some question marks, even though the #45 has all the right cards to fight for the victory. Instead, his partner Davies remained in the shadows, as well as Tom Sykes (BMW), who didnt use the final day to carry out his long run.

Finally, a word about Honda. As far as we can see, the man to bet on at HRC is undoubtedly Leon Haslam. Consistently close to the top, Leon has shown that he has all the right cards to fight for the podium in Australia, despite being four-tenths away from Rea. More worrying is the situation of Alvaro Bautista, who is one second down on the pace of his 2019 rival.

As mentioned, Phillip Island is an indecipherable track and going all-in is likely to be madness. Better to wait for someone to make the first move, as long as they aren't bluffing

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Make Your Workflow Smooth and Effective! This New System is the Key – Slator

Posted: at 11:24 pm

Introducing new quality of translation project management! Space TMS storms the localisation industry with all guns blazing!

Its simple, its efficient, its reliable, its good-looking. And its cheap. The new translation management system for language service providers is here, and you should not miss it. Space TMS offers all the features your company needs to efficiently manage linguistic projects.

The aim of Space TMS is to improve the workflow at all company levels: owners, project managers and translators.

Lets start from the beginning. The owners and senior management can easily monitor how the company functions. They can gain access to each of the team members data on current tasks and their level of completion. If any data or statistics are promptly needed, e.g. to be presented at a meeting or a conference, they are easily accessible.

Space TMS is a great tool that originated from LSPs needs, says Alex Chudy, director of Space TMS LTD. Every module and every feature is the result of common work of project managers, vendor managers, owners, translators and other service providers involved on a daily basis in a translation process.

Secondly, a well-designed TMS covers the needs of project managers. Via Space TMS, they can easily set up tasks, assign them to specific vendors, with whom they can keep in close touch, as well as monitor and evaluate their work.

This short instructional video shows it all!

Last but not least, Space TMS is useful for translators.

Language experts can set up their preferences and accept jobs. This gives them freedom and flexibility as well as opportunity to choose the tasks they specialise in.

Space TMS will gain popularity among LSPs thanks to its simplicity, low cost and multi-functionality. Improved communication and translation project workflow will create space for new customers, sums up Chudy.

Yes, the cost is also very important, and in the case of Space TMS, it is inversely proportional to the efficiency. Being one of the cheapest solutions on the market, it is a system for big and small players in the language industry.

Our product is licensed and delivered in a SaaS model (software as a service). The work in a cloud-based environment is fast and easy, there is no need to worry about the performance of particular computers in the office. You simply log in and start working. No distractions, no problems.

As Alex Chudy admits, the launch is just the beginning, since Space TMS is changing almost every day. It will continue to grow and become more and more flexible for the sake of its users.

Check out the system that is out of this world!

Projects, tasks, client and translator bases, invoices, statistics always at hand from anywhere on Earth and beyond!

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Make Your Workflow Smooth and Effective! This New System is the Key - Slator

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TMS(Transcranial Magnetic Stimulation) Coil to Reap Excessive Revenues by 2019-2025 – Jewish Life News

Posted: at 11:24 pm

TMS(Transcranial Magnetic Stimulation) Coil Market 2018: Global Industry Insights by Global Players, Regional Segmentation, Growth, Applications, Major Drivers, Value and Foreseen till 2024

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In global market, the following companies are covered: MAG & MoreMagstimMagVentureANT NeuroBrain Latam CoDeymed

Market Segment by Product TypeH-coilC-core CoilCircular Crown Coil

Market Segment by ApplicationHospitalClinicOthers

Key Regions split in this report: breakdown data for each region.United StatesChinaEuropean UnionRest of World (Japan, Korea, India and Southeast Asia)

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San Francisco Bay Area Psychiatric Acquisition Will Increase Access to Advanced Care – Benzinga

Posted: at 11:24 pm

Berkeley, CA, February 28, 2020 --(PR.com)-- Bay Psychiatric Associates is pleased to announce the acquisition of Lenox Hill TMS Psychiatric Associates Bay Area as part of its commitment to improving access to high-quality psychiatric care throughout the Bay Area.

Bay Psychiatric Associates has provided community-based psychiatric and interventional psychiatry services for more than 25 years. With over 30 psychiatric physicians, they have established offices in Berkeley, San Rafael, and San Francisco (Parnassus Heights). With this acquisition, Bay Psychiatric Associates will be adding new offices in San Francisco (Nob Hill) and in San Mateo.

Over 1.2 million of our neighbors suffer every year with mental illness. We see the expansion into two new locations as a significant step in our long-term commitment to improving access to our patient-centered, high-quality treatment model, said Bay Psychiatric Associates President, Matthew Fitzpatrick, MD. We are excited about this acquisition in that we will be providing care to more communities and also have gained an experienced staff with a like-minded approach to care.

Roberto Estrada, MD, Medical Director of Interventional Services in San Francisco and San Mateo and Founder of Lenox Hill Psychiatry, will maintain his role in his two clinic locations with a primary focus on leading interventional psychiatry services of Transcranial Magnetic Stimulation and Ketamine treatments. Dr. Estrada explains the value of the partnership, The acquisition of our centers by Bay Psychiatric Associates just made sense. Each group has been on the cutting edge of advanced psychiatric treatments for over a decade, and we have shared our knowledge to help each gain better patient outcomes.

Rick Trautner, MD, Medical Director of Interventional Services in Berkeley and San Rafael adds, This acquisition is really a partnership of our two organizations that has its roots in our work together for over ten years now. We are delighted to join forces and to share a mutual passion of developing and delivering the most up-to-date treatments in psychiatry. This acquisition, with its focus on interventional psychiatry services including Transcranial Magnetic Stimulation, Ketamine Treatments and Electroconvulsive Therapy, will increase access for many and improve the health of the communities we serve.

About Bay Psychiatric Associates:Having served our community with collaboration and creativity since 1994, we are proud to offer a comprehensive and individualized treatment approach to our patients. We provide the highest level of wide-ranging psychiatric care to the five communities we serve (Berkeley, San Rafael, Nob Hill (San Francisco), Parnassus Heights (San Francisco), and San Mateo. Our team of clinicians has expertise in multiple areas of mental health, including treatment-resistant depression, bipolar disorder, anxiety disorders, PTSD, personality disorders, alternative medicine, aging, substance abuse, child and adolescent problems, eating disorders, ADHD, forensics and womens issues.

Office-based services include: Psychiatric evaluation and consultation Psychotherapy that incorporates aspects of psychodynamic, interpersonal, CBT, and DBT therapies Psychopharmacological evaluation, treatment and management Second opinion evaluations of psychopharmacologic treatments Forensic/ medical-legal evaluations Advanced interventional treatments including Transcranial Magnetic Stimulation and Ketamine/Esketamine treatments in oral, nasal, intramuscular, and IV form.

Hospital-based services include: Adult, Geropsychiatric, Eating disorder and Adolescent units Partial Hospitalization (PHP) and Intensive Outpatient (IOP) Programs including Eating Disorders, Adolescent, and intensive DBT program Electroconvulsive Therapy, Consultation Liaison services, and Chemical Dependency programs

About Transcranial Magnetic Stimulation (TMS) Therapy:Cleared by the FDA in 2008, TMS is a non-invasive therapy for patients who suffer from treatment-resistant depression or obsessive-compulsive disorder. It is also used as an off-label treatment for a variety of other conditions. It is safe, requires no anesthesia, does not impair cognition or functioning and is administered in our offices as an outpatient treatment. TMS uses an MRI-strength electromagnetic field to stimulate areas of the brain known to be associated with various neuropsychiatric disorders. A patient undergoing TMS therapy has minimal side effects and, in our clinics, approximately 80% of patients experience a significant improvement in their mood.

About Ketamine/Esketamine Therapy:Ketamine was FDA-approved as an anesthetic agent in 1970 and rapidly found widespread use due to its efficacy and safety profile. Studies in the early 2000's began to report a significant antidepressant affect that developed within 72 hours of dosing. Numerous subsequent studies have replicated the rapid antidepressant and anti-suicide effect of ketamine. Over the past decade, ketamine has been increasingly deployed as an effective off-label treatment for severe treatment-resistant depression (TRD).

The widespread experience of off-label treatments led to the FDA to accelerate approval of Spravato(1), an intranasal formulation of Esketamine, a component of the parent Ketamine compound. Spravato was approved for use in combination with antidepressant medication for those with severe TRD. Bay Psychiatric Associates was one of the first in the Bay Area to offer Ketamine to patients in oral and intramuscular form, and in becoming a certified Spravato treatment center. This acquisition also adds experience in delivering Ketamine intravenously, thereby completing all available Ketamine patient care options.

About Electroconvulsive Therapy:ECT is the grandparent of Interventional Psychiatry, having been in use for nearly 80 years now. Modifications to improve safety and the patient experience have yielded a modern treatment that is considered by many to be the most effective treatment for severe TRD. However, ECT involves general anesthesia and for that reason is generally offered in hospital or other medically supervised settings. Bay Psychiatric Associates provides ECT at Herrick/Alta Bates Summit Medical Center, where it has been offered for over 60 years. While ECT was the first interventional treatment and is still considered to be the most effective treatment for severe treatment-resistant depression, newer modalities such as TMS therapy and Ketamine/Esketamine are often chosen before ECT due to being minimally invasive and having few side effects.

About Interventional Psychiatry:Interventional psychiatry is an emerging subspecialty of psychiatry that utilizes novel pharmacologic and neuromodulatory interventions to modify dysfunctional brain circuitry that underlies various psychiatric disorders.

ContactLaura OFlahertyDirector of Practice AdministrationPhone: 510-204-4287loflaherty@baypsychiatric.comwww.baytms.com

Bay Psychiatric Associates, Inc.2020 Milvia Street, Suite 300Berkeley, CA 94704Fax: 510-843-2227

(1) Spravato is a registered trademark of Janssen Pharmaceuticals, Inc. 2019

Contact Information:Bay Psychiatric AssociatesLaura O'Flaherty510-843-2220Contact via Emailbaypsychiatric.com

Read the full story here: https://www.pr.com/press-release/806826

Press Release Distributed by PR.com

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Clean Energy appoints Total S.A. executive to board of directors – LNG Industry

Posted: at 11:24 pm

Clean Energy Fuels Corp. has announced that it has appointed Philippe Charleux, Senior Vice President of Total Marketing Services S.A.S. (TMS), to its board of directors, effective immediately.

According to the statement, Charleux will replace Total executive Momar Nguer, President of TMS, who is stepping down, and join Philippe Montantme, Senior Vice President, Strategy Marketing Research at TMS, who already serves on Clean Energys board.

Clean Energys Board Chairman, Stephen Scully, said: Clean Energy is fortunate to have the talent, expertise and energy that our directors from our partner Total bring to the table.

I am confident that like his colleagues, Philippe is going to make an important and positive impact on our company, and we welcome his contribution.

Charleux added: Total supports Clean Energys vision of promoting a clean and renewable fuel alternative for fleet vehicles in the transportation industry.

I look forward to working with my fellow Clean Energy board members and its executive management team to deepen the relationship so that we can leverage the strengths of our two companies to grow the natural gas fueling market.

In the statement, Clean Energy also announced that its longtime director and former chairman, Warren I. Mitchell, has retired.

Read the article online at: https://www.lngindustry.com/liquid-natural-gas/27022020/clean-energy-appoints-total-sa-executive-to-board-of-directors/

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Before You Buy EDAP TMS S.A. (NASDAQ:EDAP), Consider Its Volatility – Simply Wall St

Posted: at 11:24 pm

Anyone researching EDAP TMS S.A. (NASDAQ:EDAP) might want to consider the historical volatility of the share price. Modern finance theory considers volatility to be a measure of risk, and there are two main types of price volatility. The first type is company specific volatility. Investors use diversification across uncorrelated stocks to reduce this kind of price volatility across the portfolio. The other type, which cannot be diversified away, is the volatility of the entire market. Every stock in the market is exposed to this volatility, which is linked to the fact that stocks prices are correlated in an efficient market.

Some stocks mimic the volatility of the market quite closely, while others demonstrate muted, exagerrated or uncorrelated price movements. Some investors use beta as a measure of how much a certain stock is impacted by market risk (volatility). While we should keep in mind that Warren Buffett has cautioned that Volatility is far from synonymous with risk, beta is still a useful factor to consider. To make good use of it you must first know that the beta of the overall market is one. Any stock with a beta of greater than one is considered more volatile than the market, while those with a beta below one are either less volatile or poorly correlated with the market.

View our latest analysis for EDAP TMS

Looking at the last five years, EDAP TMS has a beta of 1.74. The fact that this is well above 1 indicates that its share price movements have shown sensitivity to overall market volatility. Based on this history, investors should be aware that EDAP TMS are likely to rise strongly in times of greed, but sell off in times of fear. Many would argue that beta is useful in position sizing, but fundamental metrics such as revenue and earnings are more important overall. You can see EDAP TMSs revenue and earnings in the image below.

EDAP TMS is a rather small company. It has a market capitalisation of US$126m, which means it is probably under the radar of most investors. It takes less money to influence the share price of a very small company. This may explain the excess volatility implied by this beta value.

Beta only tells us that the EDAP TMS share price is sensitive to broader market movements. This could indicate that it is a high growth company, or is heavily influenced by sentiment because it is speculative. Alternatively, it could have operating leverage in its business model. Ultimately, beta is an interesting metric, but theres plenty more to learn. This article aims to educate investors about beta values, but its well worth looking at important company-specific fundamentals such as EDAP TMSs financial health and performance track record. I urge you to continue your research by taking a look at the following:

If you spot an error that warrants correction, please contact the editor at editorial-team@simplywallst.com. This article by Simply Wall St is general in nature. It does not constitute a recommendation to buy or sell any stock, and does not take account of your objectives, or your financial situation. Simply Wall St has no position in the stocks mentioned.

We aim to bring you long-term focused research analysis driven by fundamental data. Note that our analysis may not factor in the latest price-sensitive company announcements or qualitative material. Thank you for reading.

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Troy 30-C coach named 2020 Distinguished Middle School Coach of the Year – The Herald-News

Posted: at 11:24 pm

Troy coach John Davis has been named the 2020 Distinguished Middle School Coach of the Year by the Illinois Track and Cross Country Coaches Association.

Davis is head coach of the Troy boys cross country team and co-coach of the track and field team.

Over his 28 years coaching at Troy, his teams have won six IESA State Championships and finished 23 times in the top four.

His athletes have earned 89 All-State medals at IESA State Meets. According to the ITCCCA website, Davis is one of the most successful coaches in Illinois history.

Davis also helps direct the prestigious and largest middle school meet in Illinois, The Troy Invitational, at which 54 schools participated this year.

John has played a tremendous part in the history of the Troy cross country program, Mark Griglione, Troy School District 30-C board president, said in a news release. The hundreds of students who have benefited from John and our program is truly unbelievable. Cross country at Troy has always made us proud.

Troy athletic director Meagan DeGroot agreed.

Growing up, John Davis was my coach at the Joliet Park district, DeGroot said in the release. I coached alongside him when I was a teacher, and now I am able to mentor him as a coach on staff at Troy. John is truly dedicated to the sport of running. He runs in his spare time and often goes to see the high school kids run after they graduate TMS. He has a passion for the sport and for the kids.

Girls cross country coach Stephanie Oswald said Davis is perhaps one of the most dedicated coaches Ive had the pleasure of working with.

He is committed to maintaining one of the most renowned middle school cross country programs in our state, Oswald said in the release. Mr. Davis is able to make the sport of running enjoyable for those of all ability levels by incorporating games and humor into our practices.

The kids take such an interest in the activities we are doing that they dont even realize how much they are actually running. It is so wonderful to see how much confidence our athletes gain throughout their time on the Troy cross country team.

Davis said he was surprised and humbled at the honor.

No one does this work for the awards, he said in the release. But it is nice to know that my peers think I am doing something right.

Davis himself ran cross country and track and wrestled when he was in high school. His interest in coaching began when his school-age sons took up running.

Former Troy teacher and track coach Mark Clarke, now a Joliet Catholic Academy coach and teacher, took Davis under his wing and offered him a coaching position at Troy.

Davis said Clarke built the Troy cross country ship and put it on the path to success.

Coaching is not only fun for Davis. Its also an opportunity to instill important characteristics in the students.

At the middle school level, it is important to make sure youth enjoy what they do, he said in the release. I think it is also important to help them develop discipline, confidence and positive character traits.

I try to have a plan for every practice and not lose sight of the fact that we are working with the development of children who you want to be good citizens when they grow up.

Many of his former runners have gone on to compete at the high school and college level and have become coaches themselves.

For information on the Illinois Track and Cross Country Coaches Association, visititccca.com.

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Global Truckmount Carpet Cleaner Market Size Is Anticipated To Witness Over XX% CAGR Up To 2024 TMS Cleaning Supplies & Equipment, Aero Tech…

Posted: at 11:24 pm

The research report on Global Truckmount Carpet Cleaner market offers a detailed analysis of market features and a comprehensive study of market trends that are influencing the growth of the global Truckmount Carpet Cleaner market. In addition, this report covers significant details about the market size, profit estimations, and market share to provide an accurate prediction about the global Truckmount Carpet Cleaner market. Furthermore, the global Truckmount Carpet Cleaner market report offers a precise competitive analysis focusing growth strategies implemented by the service providers. The global Truckmount Carpet Cleaner market report also studies valuable source of significant data for market growth strategies. Additionally, the report offers historical as well as futuristic revenue, cost, supply data, demand, distributor, and value chain analysis. This report comprises complete information which improves the scope, understanding, and application of the global Truckmount Carpet Cleaner market report.

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Types Covered In This Report:Slide-in Truck MountsVan-Powered Truck MountsApplications Covered In This Report:ResidentialChemical IndustryCommercial

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Global Truckmount Carpet Cleaner Market Size Is Anticipated To Witness Over XX% CAGR Up To 2024 TMS Cleaning Supplies & Equipment, Aero Tech...

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Justices make the tough but right call in cross-border shooting case | TheHill – The Hill

Posted: at 11:23 pm

The U.S. Supreme Court held last week in Hernandez v. Mesa that the parents of a Mexican national shot and killed in Mexico by a U.S. Border Patrol agent cannot sue that agent in federal court. The decision was 5-4, dividing the court along what many observers regard to be predictable ideological lines.

But to view this decision through the lens of partisan ideology would be a mistake.

The incident that launched the case is horrifying. When 15-year-old Sergio Adrin Hernndez Gereca was playing in a cement culvert between El Paso, Texas, and Cuidad Juarez, Mexico, in 2010, the Border Patrol agent detained his friend and shot Hernndez in the face, killing him. Hernndez was standing in Mexican territory.

At bottom, this case was not about whether Hernndezs family deserves an avenue for seeking redress for the alleged violation of their sons Fourth and Fifth Amendment rights. Rather, it is about the power of federal courts to provide a remedy where Congress has provided none.

The key legal precedent at issue in Hernandez originates from Bivens v. Six Unknown Federal Narcotics Agents, a 1971 decision in which the Supreme Court held that a person victimized by an unlawful arrest and search could bring a claim for damages in federal court directly under the Fourth Amendment, even though neither the text of that amendment nor any federal statute authorized such a claim.

That decision has been called into question by the court in recent years, based on the idea that recognizing claims not provided for in the Constitution or by Congress risks engaging federal courts in the exercise of legislative rather than judicial power.

The question in the Hernandez case was whether to extend the Bivens decision into the new context of a cross-border incident that was alleged to have violated the victims constitutional rights. In light of the international context of this dispute, the court concluded that fashioning a judicial remedy not created by Congress risked interfering not only with Congresss legislative authority but also with the presidents authority, as it pertains to national security and international affairs.

In other words, if the federal courts are effectively going to make up a right to sue that no constitutional or statutory text endorses perhaps an altogether dubious enterprise they at least should avoid such an undertaking in circumstances presenting considerations of foreign relations and border protection; such considerations are meant to be addressed by the executive branch, and involve the weighing of costs and benefits of a kind the judiciary is ill-suited to assess.

True, the result of acknowledging that federal courts lack the power to improvise judicial remedies in this context means that the victims parents in this case cannot recover damages in a federal civil action. But the proper way to address that undesirable outcome is to urge Congress to enact legislation that would authorize the lawsuit that Hernandezs parents seek.

There are several statutes in which Congress has authorized claims against government officials for alleged wrongdoing. Section 1983 of Title 42 of the U.S. Code permits the recovery of damages for constitutional violations by state officials. The Federal Tort Claims Act provides a remedy for most claims against federal government employees, but it does not apply to claims arising in a foreign country.

Either of these provisions could be amended to extend the ability to sue federal government officials for conduct that violates rights of persons abroad. The fact that neither of these statutes nor any other statute permits these suits provides a fairly strong indication that it would be inappropriate for the federal courts to permit them on their own initiative.

It is indeed tragic that Hernandez lost his life in this incident. It is also tragic that his parents cannot seek monetary damages for their loss in U.S. federal courts. But the culprit in this tragedy should not be seen as a block of conservative ideologues on the Supreme Court but, rather, a Congress that has opted not to open our courthouse doors to those whom our officials harm abroad.

A. Benjamin Spencer is the Bennett Boskey Visiting Professor of Law atHarvard Law School and the Justice Thurgood Marshall Distinguished Professor of Law at the University of Virginia School of Law. Follow him on Twitter @PROFSPENCER.

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Bivens Liability and Its Alternatives – Reason

Posted: at 11:23 pm

On Tuesday, the Supreme Court decided in Hernandez v. Mesa that there is no cause of action for damages if a federal border patrol agent unconstitutionally shoots somebody across the border. The Court had recognized a cause of action under the Fourth Amendment against federal law enforcement agents in a 1971 case called Bivens, and extended it in two subsequent cases, but it has rejected further Bivens claims in every Supreme Court Bivens case in my lifetime and that doesn't seem likely to change. Two Justices, Thomas and Gorsuch, have called for Bivens to be overruled on the grounds that it lacks a formal or historical basis.

Justices Thomas and Gorsuch are right about that the lack of a formal and historical basis, but I worry about the broader picture. As Justice Thomas's concurrence notes, it's not like there was no remedy for unconstitutional conduct before Bivens. Rather, as Thomas writes:

From the ratification of the Bill of Rights until 1971, the Court did not create implied private actions for damages against federal officers alleged to have violated a citizen's constitutional rights. Suits to recover such damages were generally brought under state law.

What Justice Thomas does not note is that it has become very hard to bring those suits under state law either. There is some debate about whether that difficulty is attributable to Congress's 1984 enactment of the Westfall Act, various judicial decisions arguably misconstruing that act, or what (see this article by Vladeck and Vasquez), but I think at this point we're entitled to wonder, if the Court is going to abolish the 20th century remedies for unconstitutional conduct, can we at least have the 19th century remedies back?

Normally the Court lacks the ability to take a big-picture view in these cases, since it has only the issue before it. But in Hernandez, the petitioner foresaw this problem and petitioned the Supreme Court to consider a second question if there is no Bivens liability, then, he asked:

whether the Westfall Act violates the Due Process Clause of the Fifth Amendment insofar as it preempts state-law tort suits for damages against rogue federal law enforcement officers acting within the scope of their employment for which there is no alternative legal remedy.

So Hernandez is the rare case in which the Court could have considered both questions at the same time and thus provided an account for what violations of constitutional violations remain. It does seem perverse to think that Congress can eliminate state law damages for constitutional violations without either Congress or the courts providing an alternative . It's possible that this seemingly perverse result is constitutional, especially if one takes a broad view of federal power, but it seems troubling for the Court to repeatedly narrow Bivens without at least considering that question.

[Cross-posted from Summary, Judgment.]

Originally posted here:
Bivens Liability and Its Alternatives - Reason

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