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Enforceability and Proper Implementation of § 1983 and the Attorney's Fees Awards Act in State Courts

Abstract

State Courts may become increasingly important to the vindication of federally secured civil rights due to the tremendous backlog of civil cases in the federal courts. If state courts are to serve in this capacity, they must enforce federal statutes, such as section 1983 and the Attorney's Fees Awards Act of 1976, as Congress intended. The writer traces the historical development of section 1983 and examines the congressional purpose behind the enactment of the attorney's fees provision. He concludes that state courts of general jurisdiction are obligated to enforce these two statutes and are, therefore, suitable forms for the protection of civil rights.

How to Cite

20 Ariz. L. Rev. 743 (1978)

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Authors

Richard W. Shapiro (University of Arizona)

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