The Roberts Court and Access to Justice

29 Pages Posted: 15 Feb 2010

See all articles by Gene R. Nichol

Gene R. Nichol

University of North Carolina School of Law

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.

Suggested Citation

Nichol, Gene R., The Roberts Court and Access to Justice. Case Western Reserve Law Review, Forthcoming, UNC Legal Studies Research Paper No. 1551584, Available at SSRN: https://ssrn.com/abstract=1551584

Gene R. Nichol (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
919 962 5928 (Phone)

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