Implication of Civil Remedies Under the Indian Civil Rights Act

This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will first briefly examine the potential impact that the implication of civil remedies may :have upon Indian government and will then summarize the analytical deficiencies of those federal cases in which such remedies have actually ,been implied. The remainder of the Note will, in some detail, outline and discuss a proposed framework for judicial analysis of the implication of remedies in the field of Indian law.