Topic
Standing
1,067 published works
Massachusetts Land Use Monitor
As Basis for Zoning Standing, “View” Not Getting Any Clearer
By Donald Pinto
In the four months since the Supreme Judicial Court (SJC) decided Kenner v. Zoning Board of Appeals of Chatham – in which the SJC expressed its views on impaired views as…
Civil Procedure & Federal Courts Blog
D.C. Circuit Decision in Doe v. Exxon Mobil: The Alien Tort Statute, Justiciability, Standing and More
By Civil Procedure & Federal Courts Blog
Today the U.S. Court of Appeals for the D.C. Circuit handed down its decision in Doe v. Exxon Mobil Corp. (No. 09-7125). The panel splits 2-1, with Judge Rogers writing the…
Securities Law Prof Blog
Wilkerson on Third Party Standing and Arbitration
In Whose Shoes? Third-Party Standing and 'Binding' Arbitration Clauses in Securities Fraud Receiverships, by Jared Aaron Wilkerson, William & Mary Law School, was recently posted on SSRN. Here is the…
Civil Procedure & Federal Courts Blog
SCOTUS Cert Grant of Interest on Article III Standing
By Civil Procedure & Federal Courts Blog
This past week was a busy one at the Supreme Court, but we wanted to note that Monday’s orders included a grant of certiorari in First American Financial Corp. v.…
The Faculty Lounge
American Electric Power & Wal-Mart Decided: No Nuisance Claims, No Class Certification
The Supreme Court held in American Electric Power that federal common law, via the Clean Air Act and EPA's rule-making process under that Act, displaces the public nuisance claims brought…
Civil Procedure & Federal Courts Blog
SCOTUS Decision in Bond v. United States
By Civil Procedure & Federal Courts Blog
Yesterday the Supreme Court issued a unanimous decision in Bond v. United States (09-1227), a case covered earlier here and here. Justice Kennedy’s opinion begins:This case presents the question whether…
The Trademark Blog
Far Be It From Me To Encourage Champerty or Barratry . . .
. . . or other words I have to look up the definition for before I use them, but my idle thought is that it seems that Righthaven's legal troubles,…
Constitutional Law Prof Blog
The Tenth Amendment, Standing, and Criminal Conviction: Bond v. US Opinion
By ConLawProf initials at end of post
In a unanimous opinion the Court reversed the Third Circuit and held that a defendant has standing to raise a Tenth Amendment claim. The case involves the criminal conviction of Carol…
The Trademark Blog
Text of Decision re Righthaven Standing
Copyright assignment that merely assigns right to sue insufficient to create standing. Discussion here. Decision Right Haven Standing(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src…
New York Attorney Malpractice Blog
Lack of Standing from the Very Begining in Legal Malpractice
"Standing" is the concept of a right to sue. In legal malpractice there is a very strict requirement that only a client (with very limited exceptions) may sue the attorney. …