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Courts & Judicial Process: Standing

Monday, March 18, 2024 @ 10:00 am - 12:00 pm

Session 4: Standing
Author: Thomas P. Schmidt (Columbia)
Commentator: Judge William Fletcher (9th Cir.)

Room 115
March 18, 2024
10:00 am (PT)
Organized by Prof. Tejas NarechaniaJudge Jeremy Fogel (ret.)

Standing is generally framed as a doctrine about plaintiffs. The basic question, the Supreme Court has said, is “whether the plaintiff is the proper party” to invoke the federal judicial power. Asking that question tends to obscure a natural corollary: Against whom? This Article attends to the other side of the “v.” It argues that suits against private parties should be treated differently from suits against government officials for standing purposes because these two types of suits raise different structural concerns. Notwithstanding its focus on plaintiffs, the Supreme Court has said repeatedly that standing is “built” on the “single basic idea” of “the separation of powers.” When a government official is sued, a particular structural problem arises: If a court entertains the suit, it will be put in the position of supervising another branch of the government. And without some sort of injury requirement, the political branches might be subjected to continuous judicial oversight. As a historical matter, Article III standing doctrine developed primarily in this context.
This paper critiques those decisions, situates them in the broader arc of the development of standing law, and surveys the prospects for doctrinal reconstruction. To do so, it proposes a novel framework to return the law of standing to its historical and conceptual moorings. Under that framework, standing doctrine should not limit Congress’s (or the states’) power to authorize lawsuits between private parties in federal court.

Colloquium Description

Many scholars write about the courts, about judicial process, and about the practice of judging. But what do judges think of this scholarship? Is it correct? Is it helpful? How could it be better? This colloquium on courts and judicial process brings scholars, judges, students, and faculty together to discuss current research projects about courts, judging, and procedure, among other topics. Over the course of the semester, we will discuss six projects. During a typical workshop, an invited scholar will present their work, and a judge of a federal, state, or foreign court will offer commentary on the research. Students and faculty will join in the open discussion that follows.


Full Colloquium Calendar Schedule:

[1/29] Judicial Ethics
Author: Veronica Root Martinez (Duke) | Commentator: Judge Tacha (10th Cir.)
[2/12] Supreme Court Docket Selection
Author: Tejas Narechania (UC Berkeley) | Commentator: Justice Krueger (Calif. Sup. Ct)
[3/4] Transparency in Judicial Proceedings
Author: Damon Cann & Gregg Goelzhauser (Utah State) | Commentator: Judge Chen (N.D. Cal.)
[3/18] Standing
Author: Thomas P. Schmidt (Columbia) | Commentator: Judge  William Fletcher (9th Cir.)
[4/8] Diversity and Arbitration
Author: Andrea Cann Chandrasekher (UC Davis) | Commentator: Judge Fogel (UC Berkeley & N.D. Cal. (ret.))
[4/22] Race and Procedure
Author: Portia Pedro (Boston Univ) | Commentator: Judge Campbell (D. Ariz.)


Monday, March 18, 2024
10:00 am - 12:00 pm
Event Categories:


115 Law Building


Berkeley Judicial Institute (BJI)

Events are wheelchair accessible. For disability-related accommodations, contact the organizer of the event. Advance notice is kindly requested.

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