Re: INTERESTING TAKE .. BEST LAW MONAY CAN BUY -- Senatevotes Telecom immunity

[David Farber <dave () farber net>]

________________________________________
From: agrosso () att net [agrosso () att net]
Sent: Wednesday, February 13, 2008 11:51 AM
To: David Farber
Subject: Re: [IP] Re:   INTERESTING TAKE ..   BEST LAW MONAY CAN BUY --  Senatevotes Telecom immunity

The US Constitution provides that Congess determines the jurisdiction of courts to hear cases, so Congress can divest 
the courts of jurisdiction over these cases, at least against private parties such as AT&T.  Less clear is whether 
Congess can immunize the Executive Branch from a suit alleging a constitutional tort (or "Bivens action") for violating 
the Fourth Amendment.
Sent from my BlackBerry® wireless device

-----Original Message-----
From: David Farber <dave () farber net>

Date: Wed, 13 Feb 2008 07:26:31
To:"ip" <ip () v2 listbox com>
Subject: [IP] Re:   INTERESTING TAKE ..   BEST LAW MONAY CAN BUY --  Senate
 votes Telecom immunity



________________________________________
From: Seth [sethb () panix com]
Sent: Tuesday, February 12, 2008 10:28 PM
To: David Farber
Subject: Re: [IP] Re:   BEST LAW MONAY CAN BUY --  Senate votes Telecom immunity

[for IP]

> While GWB could (and would be expected to) use his pardon power to
> make any criminal prosecutions go away - the Senate just gave AT&T a
> free pass for civil liability as well.

That isn't clear: the people whose privacy was violated have an asset
(their claim against AT&T), and the Constitution prohibits the taking
of that asset without fair compensation.  Therefore, a bill providing
immunity from civil suits without compensation may be
unconstitutional.

Seth

-------------------------------------------
Archives: http://www.listbox.com/member/archive/247/=now
RSS Feed: http://www.listbox.com/member/archive/rss/247/
Powered by Listbox: http://www.listbox.com

-------------------------------------------
Archives: http://www.listbox.com/member/archive/247/=now
RSS Feed: http://www.listbox.com/member/archive/rss/247/
Powered by Listbox: http://www.listbox.com