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You Have a Federal Right, but Do You Have a Remedy?
Federal statutes confer many individual rights, particularly in the areas of the safety net and civil rights. However, recent U.S. Supreme Court jurisprudence prevents the enforcement of these rights in courts. When framing claims to vindicated individual rights, advocates must be mindful of these Supreme Court legal doctrines. Express and implied statutory rights of action, along with implied constitutional rights of action, are most likely to be successful.
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Related Articles
- Jane Perkins, Gill Deford, Matthew Diller and Gary F. Smith, The Supreme Court's 2006-2007 Term: The Shift to the Right Takes Shape (November-December 2007)
- Jane Perkins, Using Section 1983 to Enforce Federal Laws (March-April 2005)
- Lauren K. Saunders, Preemption As an Alternative to Section 1983 (March-April 2005)
- Rochelle Bobroff, Legal Services Attorney Fees Are Obtainable in Pending Cases (July-August 2010)
- Graham G. Martin and David Super, Judicial Deference to Administrative Agencies and Its Limits (March-April 2007)
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