Document Type

Working Paper

Publication Date

8-2-2019

SSRN Discipline

Legal Scholarship Network; Litigation, Procedure & Dispute Resolution eJournals; Corporate Governance Network; Law & Society eJournals; Law & Society: Public Law eJournals; Administrative Law eJournals; LSN Subject Matter eJournals; Criminal Justice Research Network; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Accounting Research Network; Political Science Network; Management Research Network

Abstract

When should states have standing In recent years there has been an explosion in literature on that question Yet even today there seem to be as many questions as answers In this Foreword to the Notre Dame Law Review's 2019 Federal Courts Practice and Procedure Symposium on state standing I discuss a few such puzzles First should states have "special" standing when they sue the federal government "” that is greater access to federal court than private parties Second and conversely should states have at least "equal" access to federal court or should they face more barriers than private parties This Foreword introduces readers to these questions which are at the heart of the literature on state standing

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