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Thursday, October 29, 2020

JOTWELL: Smith on Davis on public standing

The new Courts Law essay comes from Fred Smith (Emory), reviewing Seth Davis, The New Public Standing, 71 Stan. L. Rev. 1229 (2019), analyzing state and local governments as plaintiffs.

Posted by Howard Wasserman on October 29, 2020 at 12:22 PM in Article Spotlight, Howard Wasserman | Permalink


Good development in the Fifth Circuit.

Let's face it; all standing doctrine is prudential. It simply reflects various justices' views on the theoretically proper role of courts in a system such as ours, not actual mandates, express or implicit, in the text of Article III.

Posted by: Edward Cantu | Nov 5, 2020 12:09:59 PM

For another interesting decision about a different kind of “public" standing - one which opens the door for private organizations to challenge campus speech codes and bias response squads so that students afraid of retaliation do not have to come forward - see:

Campus Speech Codes and Bias Teams Face New Legal Threat in UT Ruling
5th Circuit Permits Law Suits by Outside Organizations;
Predicts Defeat For University of Texas

“The U.S. Court of Appeals for the 5th Circuit has upheld a new legal weapon which can be used to strike down campus speech codes and so-called bias response teams (or squads), and strongly suggested that those at the University of Texas [UT] are unconstitutional, even after UT amended them in an unsuccessful effort to protect them from this law suit. . . .”

Posted by: LawProf John Banzhaf | Oct 29, 2020 2:53:32 PM

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