Standing, why do we love you so?
schweber at polisci.wisc.edu
Mon Oct 2 14:30:38 PDT 2006
At one time there was some difference in the way the Court treated
different justiciability requirements in that some were conceded to be
merely prudential while others were asserted to be constitutionally
required. In recent years, there has been a shift to insisting that even
requirements that were originally described as prudential are now
Standing is one of the requirements that, as far as I know, always had
Dept. of Poli. Sci.
At 05:23 PM 10/2/2006 -0400, Earl Maltz wrote:
>For what its worth, I never say that in my class. Instead, I tell my
>class that we are using the evolution of the law of standing as an example
>of the "who" of constitutional adjudication.
>At 04:45 PM 10/2/2006 -0400, Tish Gotell Faulks wrote:
>>By way of background, I am a new professor teaching Intro to Con LAw to
>>evening students for the second time. On of my students, a forensic
>>specialist by day, law student by night, asked the follwoing
>>question. From the litigator perspective, I agree with him, but wanted
>>to open this one up to colleague discussion. He writes:
>>I keep hearing that 'standing' is the most important of the
>>justiciability requirements. This doesn't seem to make any sense. If
>>violating ANY of the justiciability requirements occurs, then the case
>>can't be heard. That's like saying that death by cyanide is 'more
>>lethal' than death by curare. You're dead either way.
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