On Objects and Sovereigns: The Emerging Frontiers of State Standing
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Date
2018-04-10
Authors
Brescia, Raymond H.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
For nearly as long as public law litigation1 has been a fixture of the political, social, economic, and jurisprudential landscape of the United States, some judges and interest groups have sought ways to scale it back. Many praise the social change that has taken root as a result of such efforts; whether it is the fruits of desegregation, marriage equality, or environmental justice litigation, public law litigation brought about significant social change and altered the social justice landscape of the United States in profound ways. At the same time, whether through the construction of barriers in the courts or legislative efforts that have sought to scale back opportunities for such actions, the critics of public law litigation have undertaken a sustained effort to weaken the ability of public law plaintiffs and their advocates to pursue social change through the courts.
Description
78 pages
Keywords
Public law litigation, Jurisprudence, Social change
Citation
96 OR. L. REV. 363