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Constitutional Law

2016

Standing

Duke Law

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Hurdles To The Court: The Doctrine Of Standing Under Statutory Violations, Priya Khangura Feb 2016

Hurdles To The Court: The Doctrine Of Standing Under Statutory Violations, Priya Khangura

Duke Journal of Constitutional Law & Public Policy Sidebar

Standing is a precondition for any suit brought in federal court. This Commentary analyzes a Supreme Court case, Spokeo, Inc. v. Robins, which will address whether a violation of a federal statute grants a plaintiff standing to sue. The Author argues that such a violation is sufficient for establishing standing because the plaintiff suffered an injury-in-fact which the legisture intended to prevent. That harm is both traceable to the violation and redressible by statute. Thus, the requisite elements of constitutional standing exist in this case. Such a holding follows from existing standing jurisprudence and ensures that plaintiffs can have …