The Enigma of Standing Doctrine in Texas Courts
Review of Litigation, Vol. 28, No. 1, 2008
SMU Dedman School of Law Legal Studies Research Paper No. 188
36 Pages Posted: 16 Dec 2015 Last revised: 11 Feb 2016
Date Written: 2008
Abstract
This Article examines federal and Texas standing doctrine and makes recommendations for the principled application of the traditional non-jurisdictional approach of the procedural defense of standing under Texas law for common law claims and statutory rights of action and for the concomitant restriction of the jurisdictional aspects of standing to litigation brought by private persons and governmental units to enforce public rights or compel the performance of public duties. This Article also explains how the concepts of standing and capacity can be reconciled and harmonized.
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