'When You Got Nothing, You Got Nothing to Lose': Assignments of Choses of Action and Standing in the United States Supreme Court

Oxford University Commonwealth Law Journal, Vol. 8, No. 2, pp. 237-244, 2008

Sydney Law School Research Paper No. 09/70

9 Pages Posted: 28 Jul 2009  

Mark Leeming

The University of Sydney Law School

Greg Tolhurst

The University of Sydney Law School

Date Written: July, 28 2009

Abstract

The United States Supreme Court in Sprint Communications Co LP v APCC Services Inc divided on the question whether an assignee for collection of federal debts satisfied Article III standing. Both majority and minority approached the constitutional question by reference to the English historical background, in light of the 19th century statutory reforms, which took a very different form in the United States than in England (and elsewhere in the Commonwealth). The decision is an excellent example of the ongoing process of working out the legal consequences of statutory choices made more than a century ago.

Keywords: Sprint Communications, assignment, chose in action, assignee for collection, standing, Field Code, Judicature legislation, injury in fact, redressability, rhetoric

JEL Classification: K10, K30

Suggested Citation

Leeming, Mark and Tolhurst, Greg, 'When You Got Nothing, You Got Nothing to Lose': Assignments of Choses of Action and Standing in the United States Supreme Court (July, 28 2009). Oxford University Commonwealth Law Journal, Vol. 8, No. 2, pp. 237-244, 2008; Sydney Law School Research Paper No. 09/70. Available at SSRN: https://ssrn.com/abstract=1439970

Mark Leeming (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Greg Tolhurst

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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