2023 Article III Standing to Sue Conference
Article III of the Constitution confines the federal judicial power to "cases" and "controversies." Under modern doctrine, courts enforce that requirement by demanding that plaintiffs in every case demonstrate "standing" to sue. In recent years, the doctrine has transformed and raised many new questions -- legal, historical, and practical. Future decisions may well transform it still further.
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Friday, September 22
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Understanding Injuries
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Jonathan Adler, “Standing Without Injury”
Curt Bradley and Ernest Young, “Standing and Probabilistic Injury”
Lisa Liu and Lior Strahilevitz, “Cash Substitution and Deferred Consumption as Data Breach Harms”
Commentator: Thomas Bennett
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Public and Private
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Rachel Bayefsky, “Public-Law Litigation at a Crossroads: Article III Standing and “Tester” Plaintiffs”
Sarah Leitner, “The Private-Rights Model of Qui Tam”
Thomas Schmidt, “The Other Side of Standing”
Owen Smitherman, “History, Public Rights, and Article III Standing”
Commentator: James Pfander
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Lunch and Keynote
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Keynote by The Honorable Judge Kevin Newsom, U.S. Circuit Judge, United States Court of Appeals, Eleventh Circuit
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State and Entities
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Katherine Crocker, “Not-So-Special Solicitude”
Andrew Hessick and Michael Morley, “Against Associational Standing”
Julia Mahoney and Ann Woolhandler, “State Standing After Biden v. Nebraska”
Commentator: Aaron Andrew Bruhl
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Understanding Injuries