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Full-Text Articles in Law
Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz
Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz
University of Michigan Journal of Law Reform
This article will examine the theoretical basis for finding implied causes of action in legislation and the development of the implication doctrine in the federal courts. In particular, the Cort v. Ash case will be discussed, both in terms of the standards articulated by the Supreme Court in dicta and the potential impact of Cort on the law of implied remedies.
The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell
The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell
University of Michigan Journal of Law Reform
After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …