Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
The Justiciability Of State Consumer Protection Claims In Federal Courts: A Study Of Named Plaintiffs Who Cease Using The Disputed Product Yet Seek Injunctive Relief, Meaghan Millan
Fordham Law Review
In recent years, there has been an increase in consumer protection class action litigation in federal courts. These suits arise from a group of consumers who have felt deceived by a particular product, ceased using that product, and then tried to sue a defendant manufacturer through state consumer protection statutes. Often, these individuals seek to enjoin the defendant’s use of an allegedly unfair business practice, such as “all natural” labeling. Since the plaintiff no longer uses the product, however, many district courts have refused to recognize that they may be at risk of a future injury and have held that …
Disfavored Constitution, Passive Virtues? Linking State Constitutional Fiscal Limitations And Permissive Taxpayer Standing Doctrines, Joshua G. Urquhart
Disfavored Constitution, Passive Virtues? Linking State Constitutional Fiscal Limitations And Permissive Taxpayer Standing Doctrines, Joshua G. Urquhart
Fordham Law Review
This Article contrasts the permissive state taxpayer standing doctrines in place in most states with the restrictive federal and state taxpayer standing rules applied in federal court. It proposes a new theory to explain this disparity, arguing that ubiquitous state constitutional fiscal restrictions, which specifically limit a state government’s ability to tax, spend, and borrow, are a primary impetus in the creation and development of liberal state taxpayer standing doctrines. The Article evaluates this novel hypothesis through an empirical-historical survey of the early state taxpayer standing decisions in every permissive jurisdiction and finds that these provisions are indeed involved in …
Standing Of Intervenor-Defendants In Public Law Litigation, Matthew I. Hall
Standing Of Intervenor-Defendants In Public Law Litigation, Matthew I. Hall
Fordham Law Review
No abstract provided.
Prudential Standing Limitations On Lanham Act False Advertising Claims, Gregory Apgar
Prudential Standing Limitations On Lanham Act False Advertising Claims, Gregory Apgar
Fordham Law Review
Section 43(a) of the Lanham Act provides a federal cause of action for false advertising. There is considerable disagreement among the federal circuit courts over the proper way to determine standing under this statute. Much of the disagreement centers on how the plaintiff's status as a direct competitor of the defendant should affect the standing inquiry. This Note argues that the five-factor test currently used by the U.S. Courts of Appeals for the Third, Fifth, and Eleventh Circuits is the best approach. Further, this Note argues that an allegation of a commercial injury by a direct competitor of the defendant …
Power To The People: Allowing Private Parties To Raise Claims Before The Wto Dispute Resolution System, Glen T. Schuyler
Power To The People: Allowing Private Parties To Raise Claims Before The Wto Dispute Resolution System, Glen T. Schuyler
Fordham Law Review
No abstract provided.
The Impact Of Policy On Federal Standing, Henry Pitman
The Impact Of Policy On Federal Standing, Henry Pitman
Fordham Law Review
No abstract provided.
America's Changing Environment--Is The Nepa A Change For The Better?
America's Changing Environment--Is The Nepa A Change For The Better?
Fordham Law Review
No abstract provided.
The Erosion Of The Standing Impediment In Challenges By Disappointed Bidders Of Federal Government Contract Awards
Fordham Law Review
No abstract provided.