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Ancien régime
Definition
A French term literally meaning 'old regime,' used in Supreme Court jurisprudence to describe the earlier era when courts freely implied private rights of action from federal statutes without requiring clear textual support. The Court moved away from this approach beginning with Cort v. Ash in 1975.
Examples
- •Petitioners characterize the Second Circuit's recognition of a private right of action under 47(b) as an unworkable return to the ancien régime of freely implied causes of action.