In this month’s column, we report on two recent decisions by the U.S. Court of Appeals for the Second Circuit that purport to expand individual rights. In the first, the court established new guidelines for establishing claims of First Amendment retaliation (Phillips v. Bowen[1]� ); in the second, the court created a new procedural mechanism for evaluating the merits of political asylum applications (Yang v. McElroy[2]� ).
A. Retaliation Claims
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