Abstract

http://ssrn.com/abstract=1732224
 


 



The First Principles of Standing: Privilege, System Justification, and the Predictable Incoherence of Article III


Christian Sundquist


Albany Law School


Columbia Journal of Race & Law, Vol. 1, 2011

Abstract:     
This Article examines the indeterminacy of standing doctrine by deconstructing recent desegregation, affirmative action, and racial profiling cases. This examination is an attempt to uncover the often unstated meta-principles that guide standing jurisprudence. The Article contends that the inherent indeterminacy of standing law can be understood as reflecting an unstated desire to protect racial and class privilege, which is accomplished through the dogma of individualism, equal opportunity (liberty), and “white innocence.” Relying on insights from System Justification Theory, a burgeoning field of social psychology, the Article argues that the seemingly incoherent results in racial standing cases can be understood as unconscious attempts to preserve the status quo. The Article proposes moving “beyond the transcendental nonsense” of standing doctrine and its inevitable replication of economic and racial privilege by completely eliminating all standing limitations to the access of justice.

Number of Pages in PDF File: 43

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Date posted: December 30, 2010 ; Last revised: February 23, 2011

Suggested Citation

Sundquist, Christian, The First Principles of Standing: Privilege, System Justification, and the Predictable Incoherence of Article III. Columbia Journal of Race & Law, Vol. 1, 2011. Available at SSRN: http://ssrn.com/abstract=1732224

Contact Information

Christian Sundquist (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States

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