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http://ssrn.com/abstract=1407629
 
 

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What's Left Standing? FECA Citizen Suits and the Battle for Judicial Review


Kimberly N. Brown


University of Baltimore School of Law

April 2007

Kansas Law Review, Vol. 55, 2007

Abstract:     
This Article discusses standing to sue the FEC with two principal objectives. First, it attempts to frame the doctrinal inconsistencies between Lujan and Akins that have given rise to ongoing FECA standing litigation and concludes that the Supreme Court should acknowledge its repudiation of Lujan in cases seeking election-related information. Second, it explores the question whether courts may be statutorily required to consider citizen challenges to FEC enforcement actions as a matter of justiciability theory in the first instance, and concludes that courts should turn to the oft-overlooked Akins decision in lieu of Lujan in reviewing suits brought under citizen-suit statutes generally.

Number of Pages in PDF File: 53

Keywords: Article III, Lujan v. Defenders of Wildlife, FECA, Federal Election Commission Act, standing, federal courts, Lujan v. Akins,

JEL Classification: K13, K39, K41

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Date posted: May 28, 2009  

Suggested Citation

Brown, Kimberly N., What's Left Standing? FECA Citizen Suits and the Battle for Judicial Review (April 2007). Kansas Law Review, Vol. 55, 2007. Available at SSRN: http://ssrn.com/abstract=1407629

Contact Information

Kimberly N. Brown (Contact Author)
University of Baltimore School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
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