Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Disaggregating Nationwide Injunctions, Michael T. Morley
Disaggregating Nationwide Injunctions, Michael T. Morley
Scholarly Publications
Nationwide injunctions have become a focus of heated judicial, academic, and even public debate. Much of this analysis treats nationwide injunctions as a unitary concept, referring to a particular type of court order. In fact, the term may apply to five different categories of orders of national applicability, each of which raises very different constitutional, fairness, rule-based, structural, prudential, and other concerns.
This Article presents a taxonomy of the five types of nationwide injunctions and the proper judicial treatment of each. Rather than focusing on the geographic applicability and scope of a court order, injunctions should instead be categorized based …
Standing In The Wake Of Statutes, Mark Seidenfeld, Allie Akre
Standing In The Wake Of Statutes, Mark Seidenfeld, Allie Akre
Scholarly Publications
In Lujan v. Defenders of Wildlife, the Supreme Court held that when Congress creates a legal interest to see that the law is followed, the deprivation of that interest, without more, is insufficient to allow a plaintiff to meet Article III’s standing requirements. Lujan created significant uncertainty about Congress’s ability to influence judicial standing inquiries by creating statutory rights, especially in light of Justice Kennedy’s concurrence and the majority’s footnote seven. This Article argues that Kennedy’s concurrence and footnote seven are best explained by recognizing that Congress is institutionally superior to courts in evaluating the gravity of likely harms …
1977 Amendments To The Administrative Procedure Act, George Sheldon
1977 Amendments To The Administrative Procedure Act, George Sheldon
Florida State University Law Review
No abstract provided.
Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon
Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon
Florida State University Law Review
Zoning- DISCRIMINATORY INTENT MUST BE PROVED BEFORE COURTS MAY REACH FOURTEENTH AMENDMENT EQUAL PROTECTION ISSUES.
Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass
Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass
Florida State University Law Review
No abstract provided.
Should Trees Have Standing? Toward Legal Rights For Natural Objects, Tom R. Moore
Should Trees Have Standing? Toward Legal Rights For Natural Objects, Tom R. Moore
Florida State University Law Review
By Christopher D. Stone. Los Altos, California: William Kaufman, Inc. 1974. Pp. xvii, 102. $6.95.
Mootness And Standing In Class Actions, James A. Bledsoe, Jr.
Mootness And Standing In Class Actions, James A. Bledsoe, Jr.
Florida State University Law Review
No abstract provided.