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Fletcherian Standing, Merits, and Spokeo, Inc. V. Robins

16 Pages Posted: 4 Nov 2015  

Howard M. Wasserman

Florida International University (FIU) - College of Law

Date Written: November 2015

Abstract

This essay offers an exercise in wishful jurisdictional and procedural thinking. As part of a Supreme Court Roundtable on Spokeo, Inc. v. Robins, it argues for William Fletcher's conception of standing as an inquiry into the substantive merits of a claim and of whether the plaintiff has a valid cause of action. This approach is especially necessary in statutory cases; along with its constitutional power to create new rights, duties, and remedies, Congress should have a free hand in deciding who and how those rights and duties should be enforced. Spokeo, which involves a claim for damages for publication of allegedly false consumer-credit information in violation of a federal statute, illustrates the wisdom and benefits of Fletcher's approach.

Keywords: Standing, Jurisdiction, Procedural, Federal Courts

Suggested Citation

Wasserman, Howard M., Fletcherian Standing, Merits, and Spokeo, Inc. V. Robins (November 2015). 68 Vand. L. Rev. En Banc 257 (2015); Florida International University Legal Studies Research Paper No. 15-32. Available at SSRN: https://ssrn.com/abstract=2685177

Howard Wasserman (Contact Author)

Florida International University (FIU) - College of Law ( email )

University Park, DB 2065
Miami, FL 33199
United States
305-348-7482 (Phone)

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