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Topic

Standing

1,067 published works

  1. 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…

  2. 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…

  3. Securities Law Prof Blog

    Wilkerson on Third Party Standing and Arbitration

    By Securites Lawprof

    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…

  4. 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.…

  5. 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…

  6. 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…

  7. The Trademark Blog

    Far Be It From Me To Encourage Champerty or Barratry . . .

    By Marty Schwimmer

    . . . 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,…

  8. 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…

  9. The Trademark Blog

    Text of Decision re Righthaven Standing

    By Marty Schwimmer

    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…

  10. New York Attorney Malpractice Blog

    Lack of Standing from the Very Begining in Legal Malpractice

    By Andrew Lavoott Bluestone

    "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. …