(DOWNLOAD) "Congress, Separation of Powers, And Standing (Law Review Symposium 2009)" by Case Western Reserve Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Congress, Separation of Powers, And Standing (Law Review Symposium 2009)
- Author : Case Western Reserve Law Review
- Release Date : January 22, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 358 KB
Description
ABSTRACT Plaintiffs must satisfy certain standing requirements before they may bring a civil action in federal court. Typically a plaintiff must have been injured in particular way, the injury must have been caused by the defendant's conduct, and it must be capable of being redressed by the relief granted by the court. This Article, a contribution to a symposium on "Access to the Courts in the Roberts Era," revisits these requirements in light of (1) several cases decided in the early years of the Roberts Court, (2) the new members of the Court, and (3) the considerable and continuing scholarly debate over the role of Congress in statutorily providing, for standing. Part H of the Article briefly sets out the standing requirements. Part III addresses the views on standing of the most recent additions to the Court, Chief Justice John Roberts and Associate Justice Samuel Alito, before they joined the Court. Part IV addresses, in three sections, the standing decisions of the initial Terms of the Roberts Court. The first section of that part discusses and dismisses the utility of a purely originalist approach to determining standing. The second section discusses recent cases that have addressed the limitations separation of powers concerns place on standing sought by taxpayers, or by states as plaintiffs. The third section considers from various perspectives Congress's role in providing for standing by statute, and the appropriate response of federal courts in applying those statutes. The article concludes in Part V by addressing the likely future of standing in the Roberts Court and in the Obama Presidency.