Potter Stewart

“ The argument that Congress has declined to amend the Act to provide explicitly for counsel fees is hardly determinative. For Congress can be assumed to have known that the federal courts were consistently exercising the power to award counsel fees after the Act's passage. ”

“ Some more positive action on the part of the legislature is necessary to indicate the Congressional intent to regulate what has long been an orthodox judicial function.' (Footnote omitted.)
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”