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Abstract:
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The article begins with an explanation of the two jurisdictional elements that comprise supplemental jurisdiction: pendent jurisdiction and ancillary jurisdiction. The article utilizes the Fifth Circuit case, Hefner v. Alexander, to explain how courts determine whether to apply the abstention doctrine. The remainder of the article discusses the concept of standing. The author explains that the traditional view of standing has been “liberalized” by the Warren Court and Burger Court. Standing now only requires there be an injury in fact as opposed to the traditional requirement of a legal injury. The article continues with a discussion of the “three constitutional essentials to the standing doctrine and three court-fashioned prudential considerations.” The article utilizes Supreme Court and Fifth Circuit cases to illustrate these issues. The three constitutional essentials are as follows: (1) injury in fact, (2) cause in fact, and (3) redressability. The article then examines standing issues related to overbreadth and third-party standing through its discussion of the Star Satellite, Inc. v. City of Biloxi Fifth Circuit case. The article also addresses the way standing affects expression cases with a discussion of the “rule of validity” and the “doctrine of separability.” |
