Monday, November 30, 2015

Steinman on Spokeo, Inc. v. Robins

In another recent essay on Spokeo, Inc. v. Robins (see also here and here), Professor Joan E. Steinman (IIT-Chicago-Kent College of Law) has posted on SSRN her article, Spokeo, Where Shalt Thou Stand?  This article is forthcoming in Vanderbilt Law Review, Vol. 68 (2015).

Abstract:     

This essay analyzes three distinct issues raised by Spokeo, Inc. v. Robins and considers where the Court will stand on each of them. First, I consider whether the Court will decide the question on which it granted certiorari: "[w]hether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute?" I explain why the Court might dismiss its writ of certiorari as improvidently granted. Second, I address whether Spokeo, Inc. or Robins has the better of the argument concerning Robins’ standing to sue. I opine that the Court’s decisions regarding standing in disputes concerning informational rights and wrongs indicate that it should find that the injury alleged by Robins is sufficiently concrete to confer Article III standing, and that Robins also satisfies prudential standing doctrines. Finally, I argue that the Court should not be dissuaded from so holding by the fact that the suit was brought as a class action.

 

https://lawprofessors.typepad.com/civpro/2015/11/steinman-on-spokeo-inc-v-robins.html

Standing, Supreme Court Cases | Permalink

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