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Administrative Law
 
Copyright 2015, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


6-50A Administrative Law 50A.syn


Title

Private Right of Action

Author

Jacob A. Stein; Glenn A. Mitchell; Basil J. Mezines; Joan Mezines Kimmich

Chapter Summary


ABSTRACT TEXT:

This chapter discusses a plaintiff's ability to bring an action under a statute under a theory of implied right when the statute does not expressly provide for a private right of action. An implied right of action may allow a plaintiff to seek review of administrative determinations that would otherwise be unavailable.

The chapter begins with an overview of the implied private right of action when a statute does not expressly provide for such right. It discusses how the right is either implied from the statutory scheme or is characterized as a preexisting common law right that survived the statutory enactment. The chapter then discusses judicial developments in the area, focusing on the landmark case of Cort v. Ash, which sets forth a four-part test to consider the intended beneficiaries of a statute, the legislative intent, the statutory purpose, and the appropriate federal and state roles in that particular area of law. It further describes the emphasis in Touche Ross & Co. v. Redington upon congressional intent. The chapter next examines the implications of the private right of action in the context of a comprehensive enforcement scheme administered by an agency. It lists the factors considered by the courts in determining whether or not an agency should be given exclusive enforcement authority. In addition, the chapter addresses the relationship between state and federal law and its effect on the private right of action, focusing on actions that are barred under the Eleventh Amendment. Finally, the chapter concludes with coverage of private rights of action in specific areas, most notably in securities law, as well as in criminal law and under 42 U.S.C.S. § 1983.

Administrative Law (Matthew Bender) is a current, objective, and authoritative 6-volume treatise and guide, with a special emphasis on federal agencies. It analyzes all aspects of administrative law and the administrative process, including adjudications, hearings, and licenses. Case law on issues is categorized by district and circuit courts, which facilitates research on precedence in the desired jurisdiction. It also includes forms and primary source material for practice.

CORE TERMS:

Private Right of Action,Implied Right of Action,Judicial Review,Appeal,Cort v. Ash,Cort Test,Touche Ross & Co. v. Redington,Eleventh Amendment,Securities,Criminal,42 U.S.C.S. § 1983,Section 1983

OTHER RELATED CHAPTERS: (View)

For further discussion of judicial review of agency actions, see Chs. 43-52 of Part X, Judicial Review.

OTHER RELATED PUBLICATIONS:

For further discussion of private rights of action, see:
  • Antieau on Local Government Law, Second Edition, Ch. 43, Constitutional and Civil Rights Liability (Matthew Bender).
  • Moore's Federal Practice--Civil, Ch. 103, Federal Question Jurisdiction; Ch. 104, Specific Grants of Federal Question Jurisdiction; Ch. 123, Access to Courts: Eleventh Amendment and State Sovereign Immunity; Ch. 124, The Erie Doctrine and Applicable Law; and Pamphlet Manual for Complex Litigation, Part III, Particular Types of Litigation, 31, Securities (Matthew Bender).
  • Moore's Manual: Federal Practice and Procedure, Ch. 5, Original Jurisdiction over the Subject Matter (Matthew Bender).
  • Securities Practice Guide, Ch. 11, Civil Liabilities (Matthew Bender).
  • Federal Securities Exchange Act of 1934, Ch. 5, Civil Liabilities under the Exchange Act (Matthew Bender).
 
 
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