The "new" old law of judicial access: toward a mirror-image nondelegation theory

Article Abstract:

Recent US Supreme Court environmental protection cases suggest a return to traditional standing requirements, where judicial review of administrative acts is granted only to plaintiffs who can show threats of direct and individualized injury. Simultaneously, the Court has adopted a highly deferential standard when reviewing agency action and agency interpretations of ambiguous Congressional legislation. The net effect has been to surrender legislative and judicial remedial powers to the executive branch, undermining the constitutionally mandated separation of powers.

Analysis, Laws, regulations and rules, Separation of powers, Judicial review of administrative acts

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Getting help with their homework: schools, lower courts, and the Supreme Court Justices look for answers under the Establishment Clause

Article Abstract:

The author examines a number of late 20th Century Supreme Court decisions addressing religion and public education. Topics include the use of public schools by religious groups, school prayer, separation of religion and the state in a school context, and freedom of religious speech.

Freedom of speech, Practice, Church and state, United States. Supreme Court, Religious education

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The liberalization of Article III standing: the Supreme Court's ill-considered endorsement of citizen suits

Article Abstract:

The author traces the history of standing doctrine and discusses Friends of the Earth, Inc. v. Laidlaw Environmental Services, in which the Supreme Court ruled that an environmental group met Article III standing requirements in its suit against and incinerator owner/operator.

Case Note, Citizen suits (Civil procedure), Citizen lawsuits

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