Standing on firmer ground: separation of powers and deference to congressional findings in the standing analysis

Article Abstract:

Courts should defer to congressional findings concerning causation and redressability when analyzing standing. The DC Circuit has been divided on the issue in a series of cases involving suits by private plaintiffs against federal agencies, beginning with Center for Auto Safety v Thomas. Deference is supported by the Constitution, the decision in Chevron v Natural Resources Defense Council and the acknowledged power of Congress to determine injury-in-fact.

Standing (Law)

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The Wheeling Bridge exception: reopening executory judgments of Article III courts

Article Abstract:

The author discusses the U.S. Supreme Court 1855 case Pennsylvania v. Wheeling & Belmont Bridge Co. where an exception to the Article III power limiting Congress's power to overrule final judicial judgments was instituted in cases where judgments have prospective effects.

Judicial power, Federal jurisdiction

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Securitization of executory future flows as bankruptcy-remote true sales

Article Abstract:

The author discusses future-flow asset-backed securitization transactions and the method by which the securitized assets could be excluded from a company's bankruptcy estate.

States, Interpretation and construction, Laws, regulations and rules, Bankruptcy law, Asset-backed securities, Asset backed securities

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