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Spokeo V. Robins And The Constitutional Foundations Of Statutory Standing, Maxwell Stearns
Spokeo V. Robins And The Constitutional Foundations Of Statutory Standing, Maxwell Stearns
Faculty Scholarship
In Spokeo v. Robins, the Supreme Court granted certiorari to address the following question: Does Congress have the power to confer standing upon an individual claiming that a privately owned website violated its federal statutory obligation to take specified steps designed to promote accuracy in aggregating and reporting his personal and financial data even if the resulting false disclosures did not produce concrete harm? This somewhat arcane standing issue involves congressional power to broaden the scope of the first of three constitutional standing requirements: injury in fact, causation, and redressability. Although the case does not directly address the prudential …
Reddall V. Bryan And The Role Of State Law In Federal Eminent Domain Jurisprudence, Shannon Frede
Reddall V. Bryan And The Role Of State Law In Federal Eminent Domain Jurisprudence, Shannon Frede
Legal History Publications
Prior to 1875, the standard federal takings procedure had been for state governments to condemn property on behalf of the federal government. As a result, the majority of interpretative work in the early history of eminent domain jurisprudence was undertaken by state courts. In 1853, the Maryland General Assembly granted the United States Government the power to condemn land in Maryland for an aqueduct across the Potomac to supply water to two District cities. In Reddall v. Bryan, the Maryland Court of Appeals upheld the aqueduct supplying the city of Washington with water as a public use. The Court …