Public Wrongs, Private Rights : Private Attorneys General for Civil Rights

The critical question explored by this Article is whether valid regulations that implement Title VI can be enforced by private parties. Regulations are binding laws, and they are often intended to provide additional protection of civil rights. Of course, regulations are only valid if they are consistent with the purposes underlying the enabling statute controlling the promulgation of such regulations. If a regulation is ultra vires the statute, it is nugatory. Congressional intent is, therefore, of great importance in this context. The test of whether a private right of action exists to enforce regulations has various permutations that are explored in this Article. Nevertheless, the essential syllogism for determining whether a private right of action exists is that if regulations are consistent with congressional intent, and if congressional intent dictates that private parties can sue to vindicate civil rights that flow from the enabling statute, it follows that private parties may also sue for vindication of civil rights that emanate from the regulations