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Full-Text Articles in Law
Unpacking Third-Party Standing, Curtis A. Bradley, Ernest A. Young
Unpacking Third-Party Standing, Curtis A. Bradley, Ernest A. Young
Faculty Scholarship
Third-party standing is relevant to a wide range of constitutional and statutory cases. The Supreme Court has said that, to assert such standing, a litigant must ordinarily have a close relationship with the right holder and the right holder must face obstacles to suing on their own behalf. Yet the Court does not seem to apply that test consistently, and commentators have long critiqued the third-party standing doctrine as incoherent. This Article argues that much of the doctrine’s perceived incoherence stems from the Supreme Court’s attempt to capture, in a single principle, disparate scenarios raising distinct problems of both theory …
State-Local Litigation Conflicts, Margaret H. Lemos
State-Local Litigation Conflicts, Margaret H. Lemos
Faculty Scholarship
No abstract provided.