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Topic: Standing (law)

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	Standing (law) - Wikipedia, the free encyclopedia
		In law, standing or locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged.
		The Supreme Court of the United States has stated, “In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues.” Warth v.
		In Canadian administrative law, whether an individual has standing to bring an application for judicial review, or an appeal from the decision of a tribunal, is governed by the language of the particular statute under which the application or the appeal is brought.
	en.wikipedia.org /wiki/Standing_(law) (1238 words)

	Winter, Metaphor of Standing and the Problem of Self-Governance (1988)
		It is almost de rigueur for articles on standing to quote Professor Freund's testimony to Congress that the concept of standing is "among the most amorphous in the entire domain of public law." n4 One of the traditional criticisms of standing law is that it is confusing and seemingly incoherent.
		One of the constant analytic loops of standing law is the characterization of the injury that is sufficient to confer standing.
		Finally, the opinion invoked the law of nuisance as its paradigm, an analogy underlining the degree to which the notion of "standing" was bounded by the relevant substantive law and, thus, undermining the Courts generalized assertion that a plaintiff could not sue on behalf of others.
	www.constitution.org /duepr/standing/winter_standing.htm (19064 words)

	Standing to Sue: The First Step In Access to Justice
		The worldwide move toward citizen enforcement of environmental laws and obligations is one of the most striking contributions that environmental law has made to civilization worldwide at the end of the 20th century.
		The revolution in the law of standing can be traced both to the work of Lord Denning in the 1970s and to a revision in the procedure for judicial review of administrative actions in England.
		Standing is seen as a matter of mixed legislative and judicial policy, with the judges having the discretion under the new language to permit far broader standing than had been possible in England in the years immediately prior to 1980.
	www.law.mercer.edu /elaw/standingtalk.html (8148 words)

	The nitty-gritty on the ruling that lets citizens sue their way to a clean environment \| By Michael Grynberg \| Grist ...
		Because most major environmental protection laws rely on citizen suit provisions, the law of standing is one of the most far-reaching legal rules affecting green activists today.
		Even if you think (as many do) that standing is a judicial invention that is not in the Constitution, the law of standing is not completely useless.
		The court found a sufficient injury for standing purposes based on the claims of local residents that they were not using the river for recreation because of pollution fears.
	www.grist.org /news/maindish/2000/03/28/grynberg-suits (1808 words)

	STANDING ON ITS LAST LEGS: BENNETT V. SPEAR AND THE PAST AND FUTURE OF STANDING IN ENVIRONMENTAL CASES
		The law of "standing" in environmental disputes appears to be resting on its last legs, and well it should be.
		The standing doctrine is that part of the "law of judicial jurisdiction" that "determines whom a court may hear make arguments about the legality of an official decision."[3] Almost twenty years ago, Joseph Vining viewed standing with "a sense of intellectual crisis."[4] In the years since, that intellectual crisis has grown.
		Under the Mining Law, once a withdrawal is terminated and lands are open to location, a mining claimant, who satisfies all the requirements under the Mining Law for location and discovery, effectively appropriates the mineral estate for private use and obtains a property right in the mining claim.
	www.law.fsu.edu /journals/landuse/Vol131/kale.html (13718 words)

	Law.com - Roberts and Scalia: Standing Side by Side
		Standing, Roberts wrote, is designed to implement the Framers' concept of the "proper -- and properly -- limited role of the courts in a democratic society."
		The Supreme Court began its effort to tighten standing doctrine and to turn standing into a set of constitutional requirements beginning around the early 1970s, says Maxwell Stearns, who teaches constitutional law at George Mason University School of Law and is presently a visiting professor at the University of Maryland School of Law.
		John Manning, a professor at Harvard Law School who worked under Roberts in the solicitor general's office during the first Bush administration, says controlling access to the courts is "the natural inclination of an administration defending its program.
	www.law.com /jsp/article.jsp?id=1122627917320 (1248 words)

	Standing Alone:
		Indeed, in the Fair Housing Act context, a separate "standing" inquiry can only lead to mischief since if a plaintiff's case is dismissed only on "standing" grounds, she could presumably pursue the claim in a forum in which Article III is inapplicable.
		Wright, the Court stated that the "stigmatic" injury suffered by the plaintiffs was not "judicially cognizable" n105 --an expression that, in that instance, merely referred to the fact that it was not an injury that met the Article III "particularity" requirement.
		Case law has, in fact, given us two different visions of the "statutory rights gambit." The first holds that there are some actual (or "de facto") injuries that do not make the grade as Article III injuries without statutory assistance, and that need a congressional boost.
	www.cir-usa.org /articles/179.html (7569 words)

	LIBERALIZING STANDING FOR ENVIRONMENTAL PLAINTIFFS IN THE EUROPEAN UNION
		The role of the ECJ is to ensure respect for the rule of law in treaty interpretation and in the acts of EU institutions.
		Liberalized citizen standing is an element necessary to accomplishing this task because, in certain circumstances, Member States and EU institutions have no incentive to challenge the validity of actions by EU institutions.
		A preference for associational standing is also arguably appropriate because such a preference would promote the creation of environmental organizations, which are currently weaker and play less of a role in policy making in the EU than in the United States.
	www.law.nyu.edu /journals/envtllaw/issues/vol4/1/4nyuelj90t.html (9787 words)

	Law.com - Federal Court Takes Narrow View of ADA Standing
		This is so not due to the operation of any judicially fashioned standing limitation, but rather because Congress itself has limited the class of parties on which that portion of the ADA bestows rights," Yohn wrote.
		Count III alleges that the defendants, as lessors, owed Nichols a duty under Pennsylvania common law to lease a structure that complied with the PPHA.
		The two employees lack standing to seek "prospective injunctive relief," Yohn found, because their only connection to the second-floor office space was the presence of their employer when it was in the space.
	www.law.com /jsp/article.jsp?id=1022954309865 (1025 words)

	Patent Laws: SCP (Site not responding. Last check: 2007-10-08)
		The Standing Committee on the Law of Patents (SCP) was created in 1998 and serves as a forum to discuss issues, facilitate coordination and provide guidance concerning the progressive international development of patent law.
		The main achievement of the SCP in the recent past was the negotiation of the Patent Law Treaty (PLT) and its Regulations on patent formalities and procedures.
		The SCP further agreed that other issues related to substantive patent law harmonization, such as first-to-file versus first-to-invent systems, 18-month publication of applications and a post-grant opposition system, would be considered at a later stage.
	www.wipo.int /patent/law/en/scp.htm (290 words)

	J.D./LL.M. Advanced Standing - University of Connecticut School of Law
		The Insurance Law Center is pleased to announce the establishment of a new advanced standing status, offering J.D. students from any law school the option of working toward a LL.M. in Insurance Law while still J.D. candidates.
		Up to 12 credits of insurance law classes taken at the Law School as part of the J.D. program may be applied toward the LL.M. degree requirements.
		Full-time, day division J.D. candidates at the Law School who are in good standing may apply to the LL.M. program by submitting an abbreviated LL.M. application during their fourth, fifth or sixth semesters.
	www.law.uconn.edu /academics/ilc/jointllm.html (281 words)

	Legislative Council Standing Committee on Law and Justice (Site not responding. Last check: 2007-10-08)
		The Standing Committee on Law and Justice is a standing committee of the Legislative Council.
		(2) Whenever a Standing Committee receives such a reference from a Minister of the Crown or resolves to inquire into a matter, the Chair is to report the terms of the reference or the resolution to the House at the earliest practicable opportunity.
		The quorum of a Standing Committee is three members, of whom two must be Government members and one a non-government member.
	www.parliament.nsw.gov.au /prod/parlment/Committee.nsf/0/1AC052C453189C604A2567B600293C6F (1060 words)

	Family Law Section - Standing Committee on ADR - Los Angeles
		The Standing Committee on ADR (Southern California) of the Family Law Section of the State Bar of California, together with the Straus Institute of Dispute Resolution at the Pepperdine University School of Law will present the Second Annual Family Law ADR Symposium on May 20, 2006.
		This program's sponsors are the Family Law Section of the California Bar, Pepperdine University School of Law and the accounting firm of White, Zuckerman, Warsavsky, Luna, Wolf and Hunt.
		The pamphlet was created with the cooperation of the Executive Committee of the Family Law Section.
	www.calbar.ca.gov /state/calbar/calbar_generic.jsp?cid=11432&id=6366 (817 words)

	Business Law Section - Standing Committee Application Letter
		The Business Law Section ("BLS") serves its members and the public through its substantive Ad Hoc and Standing Committees and its Program and Publications Committee (the "Committees").
		Membership on a Committee affords unique opportunities to participate in the creation of law in your practice area, to get to know and be known by other practitioners, to work with the recognized leaders in your field and to stay on the cutting edge of developments and practice techniques.
		Travel costs are generally borne by the individual attorney or the attorney's employer, although reimbursement may be available for government, university and public benefit corporation employees.
	www.calbar.ca.gov /state/calbar/calbar_generic.jsp?cid=11372&id=7384 (472 words)

	Law Council of Australia - Standing Committees
		The role of the Committee is to assist the Law Council in relation to policy formulation concerning personal injury issues.
		The Australian Young Lawyers' Committee of the Law Council of Australia exists to represent young lawyers at a national level, to speak on behalf of them on national issues, and to promote the administration of justice, access to justice, and general improvement of the law.
		The Law Council's Equalising Opportunities in the Law Committee exists to further the cause of minority and disadvantaged groups within the legal profession.
	www.lawcouncil.asn.au /committees.html (880 words)

	SSRN-Initial Interest Confusion: Standing at the Crossroads of Trademark Law by Jennifer Rothman
		Contemporary trademark law is at a crossroads and the initial interest confusion doctrine stands at the center of this intersection.
		This article uses the troublesome doctrine as a prism to analyze three crucial issues that will decide the future of trademark law: The first is whether it is ever acceptable to trade off of the goodwill established by another.
		The answers to these questions lead to the conclusion that the initial interest confusion doctrine must be eliminated and trademark infringement returned to its origins as a narrow cause of action primarily directed at protecting consumers from deceptive business practices.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=691543 (381 words)

	Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) (Site not responding. Last check: 2007-10-08)
		Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT)
		Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT): Electronic Forum
		The SCT Electronic Forum is open to all States members of the SCT and all interested States, international intergovernmental and non-governmental organizations which have observer status in the SCT.
	www.wipo.int /sct/en (147 words)

	OpinionJournal - Featured Article
		He had already opined that "there should have been a second resolution" authorizing the invasion, and that "I hope we do not see another Iraq-type operation for a long time."
		These thoughts could certainly stand a little parsing.
		Annan seems to be saying that the only way force can be used legitimately in the modern world is with the unanimous permission of the U.N. Security Council.
	www.opinionjournal.com /editorial/feature.html?id=110005644 (648 words)

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