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Articles 1 - 9 of 9

Full-Text Articles in Law

Panama: The Proposed Transfer Of The Canal And Canal Zone By Treaty, Michael D. Simpson Jul 2016

Panama: The Proposed Transfer Of The Canal And Canal Zone By Treaty, Michael D. Simpson

Georgia Journal of International & Comparative Law

No abstract provided.


International Law - Justiciability - Appellants Have Standing To Seek Injunction Against United States Trade With Southern Rhodesia, But Their Suit States A Claim Incapable Of Judicial Resolution, George Shingler Jun 2016

International Law - Justiciability - Appellants Have Standing To Seek Injunction Against United States Trade With Southern Rhodesia, But Their Suit States A Claim Incapable Of Judicial Resolution, George Shingler

Georgia Journal of International & Comparative Law

No abstract provided.


Court Reform And Breathing Space Under The Establishment Clause, Mark C. Rahdert Jun 2012

Court Reform And Breathing Space Under The Establishment Clause, Mark C. Rahdert

Chicago-Kent Law Review

Flast v. Cohen held that federal taxpayers have standing to challenge government spending for religion. While Frothingham v. Mellon generally prohibits taxpayer standing in federal courts, the Court reasoned that the Establishment Clause specifically prohibits taxation in any amount to fund unconstitutional religious spending. For several decades Flast has been settled law that supplied jurisdiction in many leading establishment cases. But Hein v. Freedom from Religion Foundation, Inc. and Arizona Christian School Tuition Organization v. Winn signal that Flast may soon be overruled. This jurisdictional ferment raises two questions: Why this sudden shift? And what does it signify for the ...


Putting State Courts In The Constitutionaldriver's Seat: State Taxpayer Standing Aftercuno And Winn, Edward A. Zelinsky Jan 2012

Putting State Courts In The Constitutionaldriver's Seat: State Taxpayer Standing Aftercuno And Winn, Edward A. Zelinsky

Articles

This article explores the implications of the U.S. Supreme Court’s decisions in DaimlerChrysler Corp. v. Cuno and Arizona Christian School Tuition Organization v. Winn. In Cuno and Winn, the Court held that state taxpayers lacked standing in the federal courts. Because the states have more liberal taxpayer standing rules than do the federal courts, Cuno and Winn will not terminate taxpayers’ constitutional challenges to state taxes and expenditures, but will instead channel such challenges from the federal courts (where taxpayers do not have standing) to the state courts (where they do). Moreover, municipal taxpayer standing in the federal ...


Misunderstanding Freedom From Religion: Two Cents On Madison's Three Pence, Kyle Duncan Oct 2008

Misunderstanding Freedom From Religion: Two Cents On Madison's Three Pence, Kyle Duncan

Nevada Law Journal

No abstract provided.


Standing In The Way Of Clarity: Hein V. Freedom From Religion Foundation, Inc., Mark Wankum Apr 2008

Standing In The Way Of Clarity: Hein V. Freedom From Religion Foundation, Inc., Mark Wankum

University of Arkansas at Little Rock Law Review

This article deals with the often misunderstood and maligned issue of taxpayer standing. It seeks to explore the Court's standing jurisprudence as it has evolved from "cases and controversies" to a modern constitutional doctrine. The article begins with a discussion of the Framers' judiciary and the development of a modern standing doctrine. It then turns to the area of taxpayer and citizen suits, exploring the judicial landmarks and landmines from Frothigham v. Mellon to Flast. Next, applications and limitations of the Flast test during the Burger, Rehnquist, and early Roberts Courts are explored, before turning to the most recent ...


Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen Jan 1979

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Faculty Scholarship

No abstract provided.


Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen Jan 1978

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Kentucky Law Journal

No abstract provided.


Mr. Justice Powell's Standing, Gary C. Leedes Jan 1977

Mr. Justice Powell's Standing, Gary C. Leedes

University of Richmond Law Review

Some may lament the results of Mr. Justice Powell's attempts to clarify the law of standing. Indeed, public interest lawyers who advocate granting standing on a surrogate basis to individuals who are members of a large unorganized class of diffuse interests have cause to complain about a return to a more orthodox conception of standing. However, Mr. Justice Powell has a different outlook, viz., in a democratic society, a federal court is not necessarily an appropriate or the most effective institution to redress the grievances of people upset by alleged lawless government action.