2. What is “extraordinary rendition?” Why did the Court in Arar v. Ashcroft, 585 F.3d 559, cert denied, 130 S. Ct. 3409 (2010) refuse to extend aBivens claim to Mr. Arar’s case? Why did the dissent disagree? Who is legally correct? Who is morally correct? Is it the legitimate function of courts to create remedies where Congress has not provided one? Would allowing courts to create a remedy for victims like Mr. Arar uphold or undermine separation of powers?

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