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Who And What Is A City "For"? Municipal Associational Standing Reexamined, Kaitlin Ainsworth Caruso
Who And What Is A City "For"? Municipal Associational Standing Reexamined, Kaitlin Ainsworth Caruso
William & Mary Law Review Online
Cities nationwide increasingly engage in affirmative, plaintiff-side litigation to protect their residents. But despite this trend, standing remains a persistent challenge in municipal affirmative litigation—particularly in federal court, and particularly in impact litigation. I have previously proposed one way to give cities standing in federal court more in line with that of states, and with the role that cities play in their residents’ lives: extending to municipalities the doctrineof associational standing, which nonprofits and associations use to speak for their members in court. Recent works have both amplified and critiqued that initial proposal. With these additional considerations in hand, we …
Popular Sovereignty And The Doctrine Of Plenary State Legislative Power, Nina Neff
Popular Sovereignty And The Doctrine Of Plenary State Legislative Power, Nina Neff
William & Mary Law Review Online
Unlike the federal legislature, state legislatures possess plenary power, except insofar as they are limited by state constitutions. Though state plenary power is rooted in the legal authority of popular sovereignty, the doctrine of plenary state legislative power dulls democratic power by eliminating a potential right to local self-governance and by inducing courts to underenforce constitutional limits on state legislatures. These trends do not square with our democratic intuitions or with our desire to have a sense of efficacy, energy, and power in our own ability to influence the laws of our communities. This Article suggests that the doctrine of …