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Suing Under §1983: The Future After Gonzaga V. Doe, Bradford Mank
Suing Under §1983: The Future After Gonzaga V. Doe, Bradford Mank
Faculty Articles and Other Publications
In 2002, the Supreme Court in Gonzaga University v. Doe held that the nondisclosure provisions of the Family Educational Rights and Privacy Act (FERPA) did not establish an individual right enforceable through 42 U.S.C. §1983. Chief Justice Rehnquist's requirement of clear and unambiguous proof that Congress intended to establish an individual right on behalf of a class including the plaintiff placed an additional burden on plaintiffs by effectively demanding proof that Congress would have wanted thousands of private suits. The requirement eroded the Court's precedent emphasizing the presumptive enforcement of federal statutory rights through §1983. This Article will focus on …
Can Federal Agencies Authorize Private Suits Under Section 1983? A Theoretical Approach, Brian D. Galle
Can Federal Agencies Authorize Private Suits Under Section 1983? A Theoretical Approach, Brian D. Galle
Brian D. Galle
Since 1980, private suits brought under 42 U.S.C. Section 1983 have been a prime vehicle for enforcing federal statutory norms against state and local government. Federal regulations, however, affect a vast cross-section of state conduct not directly controlled by federal statutes. It is therefore surprising to discover that, notwithstanding some occasional acknowledgments of the considerable importance of the issue, there is almost no scholarly discussion concerning to what extent federal norms embodied in regulations can be enforced through private Section 1983 litigation. The federal Courts of Appeals are badly divided over the question, and no coherent rationale for one approach …