Friday, August 19, 2011
Seth W. Greenfest (University of Washington, Department of Political Science) has posted The Dynamics of Standing: How Congress and the Supreme Court Determine Access to the Federal Courts to SSRN.
Rules of access, including whether litigants will have standing to sue, are determined by judges during the legal process and by legislators during the legislative process. Open access encourages litigation while closed access discourages litigation. Standing has changed over time in response to decisions made by lawmakers and judges. Conceptions of judicial power should account for legislatively-created opportunities for courts to participate in the policy-making process. To demonstrate the Dynamics of Standing, this paper traces the development of standing between 1921 and 2006 and examines decisions made by the Supreme Court and Congress regarding access to the courts.