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Full-Text Articles in Law
The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman
The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Prescriptive Jurisdiction, Adjudicative Jurisdiction, And The Ministerial Exemption, Howard M. Wasserman
Prescriptive Jurisdiction, Adjudicative Jurisdiction, And The Ministerial Exemption, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Jurisdiction, Merits, And Substantiality, Howard M. Wasserman
Jurisdiction, Merits, And Substantiality, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Fletcherian Standing, Merits, And Spokeo V. Robins, Howard Wasserman
Fletcherian Standing, Merits, And Spokeo V. Robins, Howard Wasserman
Howard M Wasserman
This essay offers an exercise in wishful jurisdictional and procedural thinking. As part of a Supreme Court Roundtable on Spokeo, Inc. v. Robins, it argues for William Fletcher's conception of standing as an inquiry into the substantive merits of a claim and of whether the plaintiff has a valid cause of action. This approach is especially necessary in statutory cases; along with its constitutional power to create new rights, duties, and remedies, Congress should have a free hand in deciding who and how those rights and duties should be enforced. Spokeo, which involves a claim for damages for publication of …