Must Retaliation, At Least In A Constitutional Context, Be In The Form Of A Discreet Act Or Can It Be Death By A Thousand Cuts?

Last Term, the Supreme Court in Wilkie v. Robbins, 127 S.Ct. 2588 (2007), seemingly rejected the "thousand cuts" theory. Now, Laurence Tribe, Carl M. Loeb university professor at Harvard, has penned an article for the CATO Supreme Court review entitled: "Death By A Thousand Cuts: Constitutional Wrongs Without Remedies After Wilkie v. Robbins" http://www.cato.org/pubs/scr/2007/tribe.pdf. I will discuss the opinion and Professor Tribe's analysis after the holidays.