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Franklin V. Gwinnett County Public Schools: The Implication Of Remedies For An Implied Cause Of Action, Ellen F. Firsching

University of Richmond Law Review

According to the common law doctrine of ubi jus, ibi remedium, where there is a right, there is a remedy. The United States Supreme Court has long recognized the validity of this doctrine. Traditionally, the Court was very liberal in recognizing private rights of action, and granting injunctive and monetary relief for violations of constitutional and statutory rights in the absence of explicit congressional authorization. In Bell v. Hood, the Supreme Court stated: "[W]here federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their remedies so as to …