When the heirs of singer Ray Charles wanted to terminate a copyright, they had something in common with a student who wanted to obtain damages from her school after a teacher assaulted her. Both the heirs and the student asked a court to judicially imply a private right of action from a federal statute. This Article will provide insight into the subject of implied private rights of action. It will define what a private right of action is, discuss where private actions came from, and then provide sixteen guidelines to predict whether a court will imply a private action from a federal statute.
Implied Private Rights of Action: Definition, and Factors to Determine Whether a Private Action Will Be Implied from a Federal Statute,
Loy. U. Chi. L. J.
Available at: https://lawecommons.luc.edu/luclj/vol49/iss1/5