Understanding the History of Implied Causes of Action

We all know about the separation of powers. But this week IJ attorney Jaba Tsitsuashvili introduces us to something else: the concentration of powers. It’s pretty much what it sounds like, and it happens when people have to depend on legislatures to protect constitutional rights. That’s what unfortunately happened recently at the Iowa Supreme Court. Anya Bidwell gives us the details on that story. But sometimes the legislature actually does act to protect constitutional rights. Ok, so then what? Well, Jaba explains that the Louisiana Supreme Court essentially thought that wasn’t good enough to . . . actually protect constitutional rights. Finally, your host details a recent piece he wrote about remedies, constitutions, and statutes. See if your mind is blown by an old law review article like his was.

Click here for transcript.

Burnett v. Smith

Jameson v. Montgomery

Xi v. Haugen

Some Reflections on Legislation, Adjudication, and Implied Private Actions (Foy article)

Where Does the Law Come From? (Anthony’s article)