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Form, Function, And Justiciability, Anthony J. Bellia

Journal Articles

In A Theory of Justiciability, Professor Jonathan Siegel provides an insightful functional analysis of justiciability doctrines. He well demonstrates that justiciability doctrines are ill suited to serve certain purposes-for example, ensuring that litigants have adverse interests in disputes that federal courts hear. Professor Siegel proceeds to identify what he believes to be one plausible purpose of justiciability doctrines: to enable Congress to decide when individuals with "abstract" (or "undifferentiated") injuries may use federal courts to require that federal law be enforced. Ultimately, he rejects this justification because (1) congressional power to create justiciability where it would not otherwise exist proves …