Abstract

http://ssrn.com/abstract=1084961
 
 

Citations (1)



 
 

Footnotes (91)



 


 



God, Gaia, the Taxpayer, and the Lorax:
Standing, Justiciability, and Separation of Powers after Massachusetts and Hein


Jonathan H. Adler


Case Western Reserve University School of Law; PERC - Property and Environment Research Center


Regent University Law Review, Forthcoming
Case Legal Studies Research Paper No. 08-05

Abstract:     
The Supreme Court decided two important standing cases during the October 2006 term: Hein v. Freedom from Religion Foundation and Massachusetts v. EPA. The latter is important for what it did, the former for what it did not do. Whereas Hein hewed closely - perhaps too closely - to prior standing precendents, the Massachusetts decision substantially departed from existing precedent and established a new doctrine of special solicitude to state standing. Both decisions involved generalized grievances about federal government policies that affect citizens as a whole, but point in opposite directions. In many respects the opinions are in significant tension with each other, and embrace competing conceptions of the role of the judiciary in the separation of powers. What neither decision did, however, is etch a conservative imprint on the law of standing.

This article is based upon remarks delivered at the Regent University Law Review symposium, Justiciability After Hein and Massachusetts: Where Is the Court Standing? Nov. 30, 2007.

Number of Pages in PDF File: 34

Keywords: Standing, Justiciability, taxpayer standing, generalized grievances, Massachusetts v. EPA, Hein v. Freedom from Religion Foundation

JEL Classification: K10

Accepted Paper Series


Download This Paper

Date posted: January 17, 2008  

Suggested Citation

Adler, Jonathan H., God, Gaia, the Taxpayer, and the Lorax: Standing, Justiciability, and Separation of Powers after Massachusetts and Hein. Regent University Law Review, Forthcoming; Case Legal Studies Research Paper No. 08-05. Available at SSRN: http://ssrn.com/abstract=1084961

Contact Information

Jonathan H. Adler (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-2535 (Phone)
216-368-2086 (Fax)
HOME PAGE: http://www.jhadler.net
PERC - Property and Environment Research Center
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

Feedback to SSRN


Paper statistics
Abstract Views: 1,380
Downloads: 184
Download Rank: 94,073
Citations:  1
Footnotes:  91

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.297 seconds