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The Three-Judge District Court In Voting Rights Litigation, Michael E. Solimine
The Three-Judge District Court In Voting Rights Litigation, Michael E. Solimine
University of Michigan Journal of Law Reform
In recent Terms the Supreme Court has heard numerous appeals from the decisions of three-judge district courts in controversial Voting Rights Act cases as well as in challenges to congressional districts designed allegedly to facilitate the election of members of minority groups. Although the cases themselves have been followed closely, the institution of the three-judge district court itself has received relatively little attention, even though Congress passed legislation in 1976 that restricted the three-judge court's jurisdiction to reapportionment and certain Voting Rights Act cases. In this Article, Professor Solimine argues that numerous problems attend the formation and operation of such …
Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick
Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick
University of Michigan Journal of Law Reform
As currently interpreted by the United States Supreme Court, Article III of the Constitution creates a significant hurdle for plaintiff citizen groups seeking standing to challenge environmental planning or management decisions. In particular, plaintiffs have had difficulty in making the required showing of an 'injury in fact" where an agency has not yet approved a site-specific action but has approved only a general plan for an area to govern future site-specific actions. The Supreme Court has not articulated a clear rule for standing to challenge the latter type of agency decision making, and the courts of appeals for the various …