The part of this Article that follows contains an examination of the implication process as it has developed in the federal courts.As will be seen, the Supreme Court has gone through a cyclical pattern of expansion and contraction in implying remedies with respect to a wide range of substantive areas. Accordingly, it is not possible to glean a single unified theory from the sixty-five years of Supreme Court activity. There are, however, a number of recurring themes, and it is possible to view all of the diverse approaches as part of a loosely defined pattern that was formulated into a four part test in Cort v. Ash. In turn, it was the Cort decision that set the stage for the Court's further refinement of its approach to legislative implication.
Thomas L. Hazen,
Implied Private Remedies Under Federal Statutes: Neither a Death Knell Nor a Moratorium--Civil Rights, Securities Regulation, and Beyond,
33 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol33/iss6/2