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You Have a Federal Right, but Do You Have a Remedy?

By Rochelle Bobroff

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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