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Full-Text Articles in Law
United States V. Ursery: The Long Arm Of The Law Gets Reattached, Brian C. Max
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
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 …