The Imperfect but Necessary Lawsuit: Why Suing State Judges is Necessary to Ensure that Statutes Creating a Private Cause of Action are Constitutional

Authors

Stephen N. Scaife, University of Richmond - School of Law

Abstract

"State legislatures can indirectly, but effectively, restrict constitutional rights by enacting statutes that create a private cause of action. This is possible when the cause of action creates potential damages that are so severe as to de facto compel people and entities from engaging in certain conduct. For example, if a statute allows private citizens to sue a person when that person engages in X, then individuals and entities may cease to engage in X if the possible liability arising from engaging in X is too significant. When the United States Constitution protects the conduct that the statute de facto, though indirectly, compels people to forgo, a serious issue arises." [..]

Document Type

Article

Publication Date

2018

Recommended Citation

Stephen N. Scaife, The Imperfect but Necessary Lawsuit: Why Suing State Judges is Necessary to Ensure that Statutes Creating a Private Cause of Action are Constitutional, 52 U. Rich. L. Rev. 495 (2018).