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STANDING WITHOUT INJURY

Wake Forest law review, 2024-04, Vol.59 (1), p.1

Copyright Wake Forest University School of Law Spring 2024 ;ISSN: 0043-003X

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  • Title:
    STANDING WITHOUT INJURY
  • Author: Adler, Jonathan H
  • Subjects: Federal court decisions ; Judges & magistrates ; Litigation ; Power
  • Is Part Of: Wake Forest law review, 2024-04, Vol.59 (1), p.1
  • Description: Adler examines the viability and implications of Judge Kevin Newsom's injury-less approach to standing in federal court in the US. He discusses the current understanding of standing in federal court and the potential challenges to this understanding. He details the case of Lujan v. Defenders of Wildlife, which established the requirement of an "injury in fact" for standing. He explores the criticisms of Lujan, both from academics and within the judiciary, including Newsom's challenge to the injury requirement. Judge Newsom suggested abandoning the injury requirement and instead focusing on whether a plaintiff has a legally cognizable cause of action. This approach aligns with his belief in the original public meaning of Article III and the historical understanding of judicial power. He also considers the potential implications and challenges of Judge Newsom's proposed reformulation of standing.
  • Publisher: Winston-Salem: Wake Forest University School of Law
  • Language: English
  • Identifier: ISSN: 0043-003X
  • Source: Alma/SFX Local Collection
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