This article will examine the theoretical basis for finding implied causes of action in legislation and the development of the implication doctrine in the federal courts. In particular, the Cort v. Ash case will be discussed, both in terms of the standards articulated by the Supreme Court in dicta and the potential impact of Cort on the law of implied remedies.
Gary W. Klotz,
Emerging Standards for Implied Actions Under Federal Statutes,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol9/iss2/6