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Civil Procedure

Mercer Law Review

1997

Articles 1 - 2 of 2

Full-Text Articles in Law

United States V. Ursery: The Long Arm Of The Law Gets Reattached, Brian C. Max May 1997

United States V. Ursery: The Long Arm Of The Law Gets Reattached, Brian C. Max

Mercer Law Review

In United States v. Ursery, the United States Supreme Court evaluated the constitutionality of in rem civil forfeitures when they are used with criminal proceedings in relation to a single act. Ursery was a consolidation of two cases, United States v. Ursery and United States v. $405,089.23 United States Currency, from the Sixth and Ninth Circuit Courts of Appeals, respectively.


Bennett V. Plenert: The Ninth Circuit's Application Of The Zone Of Interests Test To Citizen Suits Under The Endangered Species Act, Alyssa Wardrup Mar 1997

Bennett V. Plenert: The Ninth Circuit's Application Of The Zone Of Interests Test To Citizen Suits Under The Endangered Species Act, Alyssa Wardrup

Mercer Law Review

The Ninth Circuit, in Bennett v. Plenert, ruled that plaintiffs' economic injury did not satisfy the requirements for standing under the citizen-suit provision of the Endangered Species Act ("ESA"). The Ninth Circuit imposed the zone of interests test in addition to Article III standing requirements. Under the ESA's citizen-suit provision, the zone of interests test means that plaintiffs must assert "an interest in the preservation of endangered species" to have standing. Plaintiffs appealed the Ninth Circuit's decision, and the Supreme Court has granted certiorari. The Court will likely resolve a division among the circuits in applying or not applying …