Vol. 135 No. 2 Trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to...
Vol. 135 No. 1 In the 2007 case Massachusetts v. EPA, the Supreme Court determined, in a 5–4 vote, that Massachusetts had standing to challenge the EPA’s failure...
Vol. 135 No. 1 Scholars often analyze exercises of judicial review as a tension between two models of adjudication: the “dispute resolution model,” which limits federal courts to...
Vol. 135 No. 1 To bring a lawsuit in federal court, a plaintiff must have Article III standing. While commentators perceived federal courts as having generally made it...
Vol. 133 No. 1 Legislative standing is litigated with increasing frequency, and yet it is characterized by “various ad hoc pronouncements” amounting to “a grab bag of inconsistent...
Vol. 132 No. 4 During the Obama and Trump Administrations, state litigation has emerged as a powerful new tool for challenging federal policy. President Obama’s eight years in...
Vol. 132 No. 1 In Gill v. Whitford, the Supreme Court turned aside the most promising vehicle for adjudicating partisan gerrymandering claims since the Court first fully addressed...