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An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers
An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers
Law Faculty Articles and Essays
This Note contends that consumers should have a private damages action under section 10. Part I discusses the method federal courts currently employ to determine whether a private cause of action should be recognized under a given federal statute. Part II applies this standard to section 10, and it argues that, although the federal courts currently exhibit a fairly restrictive attitude toward implication of remedies, an action should be implied under section 10 because the Real Estate Settlement Procedures Act of 1974 (RESPA) was enacted at a time when Congress relied on a more permissive judicial implication doctrine. Finally, Part …
Antitrust Improvements Act Of 1976, Parens Patriae Act: Paper Tiger Or Sleeping Giant, Patricia J. O'Donnell-Gaynor
Antitrust Improvements Act Of 1976, Parens Patriae Act: Paper Tiger Or Sleeping Giant, Patricia J. O'Donnell-Gaynor
Cleveland State Law Review
The Parens Patriae Act has been in effect for several years. Although there has been relatively little time in which to test the full measure of its effectiveness, it has gradually become apparent that much of the Act's promise remains unfulfilled. Recent federal court decisions, when coupled with the problems of funding which are being encountered by many state attorneys general, might be endangering the Act's continuing vitality and undercutting the legislature's intent in enacting the measure. This Note will discuss some of the major issues which are emerging under the Act and will attempt to separate the promise from …