University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Implied Private Rights of Action Under Federal Statutes: Congressional Intent, Judicial Deference, or Mutual Abdication"
Date March, 1982
Author Donna L. Goldstein
Author Institution Fordham University School of Law
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Abstract Part I of this Note describes the development of the Supreme Court's implication standard and the erosion in recent decisions of the Cort v. Ash analysis. Part II summarizes the current standard, examines recent lower federal court decisions to determine whether the Court has provided clear precedent, and explores the different approaches taken by the courts this year. Part III then analyzes the Court's current standard in light of its policy concerns and questions the extent to which these concerns should affect the Court's implication approach. Finally, this Note, while acknowledging the legitimacy of the reluctance of the Court to overburden its resources and overreach its competence, suggests that the Court consider certain factors that may favor implication, and encourages the Court to afford relief to deserving injured private parties. To the extent that the Court continues to deny such relief, this Note urges Congress to *614 respond to the Court's new posture with a clear and overdue expression of its will.
Source Fordham L. Rev.
Citation 50 Fordham L. Rev. 611

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