The Roberts Court and Access to Justice
29 Pages Posted: 15 Feb 2010
Abstract
This essay is, in major part, the keynote address given by Nichol at the Case Western Reserve Law Review Symposium entitled, "The Roberts Court and Access to Justice." Nichol explores, necessarily, an array of topics expanding and contracting federal jurisdiction. His principal focus, however, is the Court's treatment of the standing doctrine. Examined broadly, the decisions are far from monolithic. Nichol argues, however, that Chief Justice Roberts' defining claims that a rigorous standing requirenment is neutral and non-ideological cannot be defended and, even worse, the standing principal is regularly exployed to sustain the powerful and penalize the marginalized.
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