Topic
Standing
Posts
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NoteVol. 103 · Iss. 2
The Evolution of Standing and the Need for Foundational Realism: A Historical Inquiry from Hayburn to Harvard
This Note traces the Supreme Court’s evolving approach to standing—from the early, unresolved procedural issues raised in Hayburn’s Case to today’s pivotal decisions, such…
Elliot A. Mermel -
NoteVol. 88 · Iss. 2
The Scope of “Plaintiffs’ Harm” in Environmental Preliminary Injunctions
Deep sea adventurer and advocate Jacques Cousteau once stated: “The happiness of the bee and the dolphin is to exist. For man it is…
Amber R. Woodward -
CommentaryVol. 94 · Iss. 5
The Supreme Court Acknowledges Congress’ Authority to Confer Informational Standing in Spokeo, Inc. v. Robins
The Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins does not fully resolve when an intangible injury such as a defendant’s misreporting of…
Bradford C. Mank -
NoteVol. 94 · Iss. 4
Closing the Financial Privacy Loophole: Defining “Access” in the Right to Financial Privacy Act
There is a hole in Fourth Amendment protection that is teetering on the verge of rapid expansion. The omnipresence of technology in the 21st…
W. Faith McElroy -
ArticleVol. 94 · Iss. 1
Antitrust in Zero-Price Markets: Applications
“Free” products have exploded in popularity along with widespread Internet adoption—but many of them are not truly free. Customers often trade their attention or…
John M. Newman -
NoteVol. 95 · Iss. 4
Decentralized Public Ledger Systems and Securities Law: New Applications of Blockchain Technology and the Revitalization of Sections 11 And 12(A)(2) of the Securities Act Of 1933
When Bitcoin launched in 2009, it was the first virtual cryptocurrency to gain popularity and attain widespread use. Much attention has been paid to…
Kelsey Bolin -
CommentaryVol. 95 · Iss. 3
Who has Standing to Sue the President Over Allegedly Unconstitutional Emoluments?
Two provisions of the U.S. Constitution that have received comparatively little public attention over the past 227 years are suddenly all over the news,…
Matthew Hall -
ArticleVol. 92 · Iss. 2
Racial Classification and Ascriptive Injury
This Article describes a new model of the relationship between racial ascriptions on an individual level, private racial bias, social disadvantage, and state action,…
Paul Gowder -
ArticleVol. 97 · Iss. 6
Crossing Doctrines: Conflating Standing and the Merits Under the Establishment Clause
In American Legion v. American Humanist Ass’n, the Supreme Court upheld the constitutionality of a thirty-two-foot tall Latin cross honoring soldiers killed during World War I…
Ashutosh Bhagwat -
ArticleVol. 97 · Iss. 6
Taking Stock of the Religion Clauses
After a few decades of relative quiet, the Supreme Court has in recent years focused once again on the religion clauses and related statutes.…
John Inazu -
NoteVol. 97 · Iss. 4
Politics and the Courtroom: A Battle Between Federal Rule of Civil Procedure 24 and Amicus Curiae Briefs
Intervention under Rule 24 has been judicially construed in light of the 1966 Amendment to a loose burden far and away from its real-property-based…
Annie T. Stanford -
NoteVol. 98 · Iss. 4
Getting Into Court When Data Has Gotten Out: A Two-Part Framework
Part I of this Note will examine the history of the FCRA, the basics of Article III standing, and its applications to intangible harms and…
Alyssa Aubuchon