What is the test for maintaining a private cause of action?

MultiRegion, United States of America

The following excerpt is from Oneida Indian Nation of New York State v. Oneida County, 719 F.2d 525 (2nd Cir. 1983):

The majority states that even under traditional Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975), criteria, a private cause of action may be maintained. I believe the opposite conclusion to be the case here.

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