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Full-Text Articles in Law
The Nature Of Standing, Matthew I. Hall, Christian Turner
The Nature Of Standing, Matthew I. Hall, Christian Turner
Scholarly Works
Standing to raise a claim before a judicial tribunal is notoriously contested. Federal courts during the last century developed an increasingly rule-like and rigid doctrine around the concept of private injury to govern access to the federal forum. Some states followed the federal lead. Others have created important exceptions, and even in federal courts, issues like organizational standing, legislative standing, and standing of qui tam relators have proved controversial. We describe a broader taxonomy of agenda control rules, of which standing rules are a special case, to understand why and how courts and other institutions govern their choices of what …
New Paradigm, Normal Science, Or Crumbling Construct? Trends In Adjudicatory Procedure And Litigation Reform, Jeffrey W. Stempel
New Paradigm, Normal Science, Or Crumbling Construct? Trends In Adjudicatory Procedure And Litigation Reform, Jeffrey W. Stempel
Scholarly Works
One aspect of a possible new era is the increasing ad hoc activity of various interest groups, including the bench and the organized bar, primarily pursued through official organizations such as the Judicial Conference, the Federal Judicial Center, the American Bar Association (“ABA”), and the American Law Institute. Traditionally, of course, judges and lawyers have lobbied Congress and state legislatures for litigation change, as demonstrated by the saga of the Rules Enabling Act (“Enabling Act” or “Act”). But, the legal profession's more recent “political” activity regarding litigation reform differs from the traditional model in several ways. First, the participation of …