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Missing The Mark: Nysrpa As A Vehicle To Clarify Inconsistencies In Mootness Doctrine, Leila Hatem

Duke Journal of Constitutional Law & Public Policy Sidebar

Federal mootness doctrine is far more confusing than helpful. Riddled with inconsistent jurisdictional outcomes, mootness doctrine lacks a unitary theoretical approach. This confusion results because the Court has historically characterized elements of the doctrine as either prudential or constitutional. Because the Court has reached the merits of otherwise moot claims, its doctrine is neither completely prudential nor constitutional. Rather, it is a messy hodge-podge of both.

This Note analyzes New York State Riffle & Pistol Association, Inc. v. The City of New York (“NYSRPA”) in light of this dichotomous framework and assesses how the opinion engages with the …

California V. Texas: The Denouement Of The Affordable Care Act's Legal Challenges?, Rachel Sereix

Duke Journal of Constitutional Law & Public Policy Sidebar

In February of 2018, Texas and nineteen other states filed suit against the federal government seeking to have the entire ACA struck down. In the consolidated case California v. Texas, the Court is considering four questions: First, whether Texas and the individual plaintiffs have standing to challenge the individual mandate; Second, whether the Tax Cut and Jobs Act renders the individual mandate unconstitutional; Third, whether the rest of the ACA can stand even if the mandate is unconstitutional; Finally, if the entire ACA is found invalid, whether the Act should be unenforceable nationwide or whether it should only be unenforceable …

Stand In The Place Where Data Live: Data Breaches As Article Iii Injuries, Jason Wasserman

Duke Journal of Constitutional Law & Public Policy Sidebar

Every day, another hacker gains unauthorized access to information, be it credit card data from grocery stores or fingerprint records from federal databases. Bad actors who orchestrate these data breaches, if they can be found, face clear criminal liability. Still, a hacker’s conviction may not be satisfying to victims whose data was accessed, and so victims may seek proper redress through lawsuits against compromised organizations. In those lawsuits, plaintiff-victims allege promising theories, including that the compromised organization negligently caused the data breach or broke an implied contract to protect customers’ personal information.

However, many federal courts see a data breach …

A House Built On Shifting Sands: Standing Under The Fair Housing Act After Thompson V. North American Stainless, Eric Vanderhoef

Duke Journal of Constitutional Law & Public Policy Sidebar

For decades, the Supreme Court construed standing under the Fair Housing Act broadly; any party could bring suit as long as it met Constitutional Standing requirements. In January 2011, in Thompson v. North American Stainless, the Court restricted standing under Title VII—a statute with similar empowering language to the Fair Housing Act. The Court will address Fair Housing Act standing post-Thompson in Bank of America Corp. v. City of Miami. This commentary argues that standing under the Fair Housing Act should be restricted. Additionally, it argues that the allegations of the Plaintiff-Respondent, City of Miami, of widespread reductions in tax …

Hurdles To The Court: The Doctrine Of Standing Under Statutory Violations, Priya Khangura

Duke Journal of Constitutional Law & Public Policy Sidebar

Standing is a precondition for any suit brought in federal court. This Commentary analyzes a Supreme Court case, Spokeo, Inc. v. Robins, which will address whether a violation of a federal statute grants a plaintiff standing to sue. The Author argues that such a violation is sufficient for establishing standing because the plaintiff suffered an injury-in-fact which the legisture intended to prevent. That harm is both traceable to the violation and redressible by statute. Thus, the requisite elements of constitutional standing exist in this case. Such a holding follows from existing standing jurisprudence and ensures that plaintiffs can have …