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April 18, 2007

Interesting New Article on Implied Rights of Action

Timothy J. Famulare, HAS SANDOVAL DOOMED THE PRIVATE RIGHT OF ACTION UNDER THE NATIONAL
HISTORIC PRESERVATION ACT?, 16 B.U. Pub. Int. L.J. 73 (2007). This relates to something I wrote about here, long ago, about whether a statute should be interpreted in light of the judiical approach to interpretation extent at the time of enactment, or now. Particularly with respect to implied rights of action, the Supreme Court has demonstrably changed its approach to interpretation: text that once created an implied right no longer will. Seems to me that the courts ought to look, particulalry in this context, at the approach to implied rights taken at the time the statute was enacted, not later developed, if text and intent and purpose, rather than judicial philosophy, matter.

I couldn't find the piece on the journal's website, bu hope to finish reading it.

April 18, 2007 in Current Affairs | Permalink

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