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The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman
The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Prescriptive Jurisdiction, Adjudicative Jurisdiction, And The Ministerial Exemption, Howard M. Wasserman
Prescriptive Jurisdiction, Adjudicative Jurisdiction, And The Ministerial Exemption, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Jurisdiction, Merits, And Substantiality, Howard M. Wasserman
Jurisdiction, Merits, And Substantiality, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Fletcherian Standing, Merits, And Spokeo V. Robins, Howard Wasserman
Fletcherian Standing, Merits, And Spokeo V. Robins, Howard Wasserman
Howard M Wasserman
This essay offers an exercise in wishful jurisdictional and procedural thinking. As part of a Supreme Court Roundtable on Spokeo, Inc. v. Robins, it argues for William Fletcher's conception of standing as an inquiry into the substantive merits of a claim and of whether the plaintiff has a valid cause of action. This approach is especially necessary in statutory cases; along with its constitutional power to create new rights, duties, and remedies, Congress should have a free hand in deciding who and how those rights and duties should be enforced. Spokeo, which involves a claim for damages for publication of …
Jurisdiction And Merits, Howard M. Wasserman
Jurisdiction And Merits, Howard M. Wasserman
Howard M Wasserman
Federal courts frequently err by treating factual elements of substantive federal causes of action as going to the jurisdiction of the federal court. This arises most frequently as to elements in three federal causes of action: the quantum-of-employees element in employment discrimination claims, the "affecting commerce" element under the Sherman Act, and the state action requirement in constitutional actions. Courts treat the failure of one of these elements as a basis for dismissing an action for lack of subject-matter jurisdiction, rather than for failure to state a claim on the merits. The error in this characterization affects the time and …