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Santa Clara Law Review

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There have been several important fee award decisions' since the enactment of the Civil Rights Attorney's Fees Awards Act of 1976 (the "Fees Act"' ) in which the Court considers questions central to the scope and purpose of the fee-shifting statutes. The impact of these decisions on state court awards is an open question. This article attempts to clarify the role of attorneys' fee awards by state courts in the changing federal scheme. Moreover, it suggests an approach for determining whether such fees should be awarded which better comports with the Supreme Court's latest decisions, as well as to the mandate of the Civil Rights Acts, than the tests currently applied.