Wednesday, January 19, 2011
Whether, in the absence of a private right of action to enforce a statute, federal courts have the federal common law authority to confer a private right of action simply because the statutory requirement sought to be enforced is embodied in a contract.
The Court hears oral argument today. Check back for links to the oral argument transcript when it’s available.
Professor Linda Mullenix (Texas) has a preview of the case here.