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See Touche Ross, 442 U.S., at 568, 99 S.Ct., at 2485 ("question of the existence of a statutory cause of action is, of course, one of statutory construction").
The Australian Law Commission has recommended the introduction of a statutory cause of action for a serious invasion of privacy containing a non-exhaustive list of the types of invasion which fall within the cause of action.
I do not believe that subjecting the President to a Bivens action would create separation of powers problems or "public policy" problems different from those involved in subjecting the President to a statutory cause of action.
It is not apparent that any of the propositions relied upon by the majority to immunize the President would not apply equally to such a statutory cause of action; nor does the majority indicate what new principles would operate to undercut those propositions.
Dismissing concerns that the arbitral forum was inadequate, we said that "so long as the prospective litigant effectively may vindicate its statutory cause of action in the arbitral forum, the statute will continue to serve both its remedial and deterrent function". Id., at 637.
Therefore, in essence, recipients would have the Court transform statutory claims for welfare assistance into claims seeking 'protection of civil rights' on the theory that such claims are encompassed by a statutory cause of action that in other cases is invoked to protect civil rights.
Similar(52)
Armed with statutory causes of action for injunctive relief and treble damages, private plaintiffs could provide that needed boost.
The right is closely linked to passing off, defamation and other non-statutory causes of action, which may be used to supplement a claim for infringing the right to object to false attribution.
Because Section 10(b) did not expressly create a statutory private cause of action, it did not include a statute of limitations.
Information on numbers of infected herds or animals and the cause of infection are normally available from statutory case reporting or diagnostic laboratory records.
It includes a notoriously high statutory rate that causes companies to devote resources to avoiding taxes.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com