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Full-Text Articles in Law
State Standing And Cooperative Federalism, Ernest A. Young
State Standing And Cooperative Federalism, Ernest A. Young
Faculty Scholarship
State lawsuits challenging federal policy generally encounter arguments that the states lack standing to sue, either under Article III’s “case or controversy” clause or under various prudential standing doctrines. These arguments have often taken novel forms—such as claims that states’ injuries are “self-inflicted” or offset by other benefits of federal policies—that have few precedents or analogs in the standing jurisprudence governing suits by private individuals. The United States has taken the position, in other words, that states should have special disabilities in filing lawsuits that would not apply to ordinary litigants. Likewise, prominent academics have argued that uniquely narrow standing …
State Public-Law Litigation In An Age Of Polarization, Margaret H. Lemos, Ernest A. Young
State Public-Law Litigation In An Age Of Polarization, Margaret H. Lemos, Ernest A. Young
Faculty Scholarship
Public-law litigation by state governments plays an increasingly prominent role in American governance. Although public lawsuits by state governments designed to challenge the validity or shape the content of national policy are not new, such suits have increased in number and salience over the last few decades — especially since the tobacco litigation of the late 1990s. Under the Obama and Trump Administrations, such suits have taken on a particularly partisan cast; “red” states have challenged the Affordable Care Act and President Obama’s immigration orders, for example, and “blue” states have challenged President Trump’s travel bans and attempts to roll …
Business Interests And The Long Arm In 2011, Paul D. Carrington
Business Interests And The Long Arm In 2011, Paul D. Carrington
Faculty Scholarship
No abstract provided.