“The erosion of remedial measures over the past twenty-five years reflects hostility to substantive constitutional and statutory rights and creates very different worlds of rights in theory and in practice. By the steady adoption of remedial limitations, the Court and Congress have effected a significant cutback in civil rights at the operational level while avoiding the controversy that would be provoked by the direct abrogation of constitutional and statutory rights.”

Source: David Rudovsky. Running In Place: The Paradox of Expanding Rights and Restricted Remedies. University of Illinois Law Review 5: 1199, 1212. 2005.

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