[DOWNLOAD] "Why Third-Party Standing in Abortion Suits Deserves a Closer Look." by Notre Dame Law Review ~ Book PDF Kindle ePub Free

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eBook details

• Title: Why Third-Party Standing in Abortion Suits Deserves a Closer Look.
• Author : Notre Dame Law Review
• Release Date : January 01, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 345 KB

Description

INTRODUCTION Scholarship abounds on the confused and confusing nature of standing law in general, and third-party standing in particular. (1) While formulations of the general rule flow effortlessly from the pens of judges and Justices everywhere, (2) contrary results follow just as effortlessly only a few pages later. (3) Academics have attempted to reconcile or reconstruct the U.S. Supreme Court's disparate efforts into a coherent doctrinal framework, (4) but until the Court adopts such reconceptions or clarifies the doctrine, federal judges and litigators have to deal with the law as it "stands." (5) This Note aims to help those judges and lawyers apply standing doctrine correctly in a small but important area of litigation: suits brought in federal courts by abortion providers and abortion-performing doctors who assert the interests of their patients, often in addition to their own. (6) Courts need to reexamine their application of standing precedent in this area. Indeed, if lower courts actually believe what the Court has said, most abortion providers should not be able to assert the claims of their patients.

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