Fighting for the Rights of Others: The Troubled Law of Third-Party Standing and Mootness in the Federal Courts
Rohr, Marc
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- 2018Hall v. Secretary 11th Cir.
- 1988Pacheco Fraticelli v. Cintrón Antonsanti P.R.
- 1983Estado Libre Asociado v. Puerto Rico Telephone Co. P.R.
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Abstract
The author examines the development and current status of third-party standing in the federal courts, with special attention to its justification in light of the Supreme Court's decisions on mootness in class actions. Professor Rohr suggests that for the sake of clarity, economy, and consistency of approach, federal courts should grant third-party standing to any litigant who appears reasonably likely to give adequate representation to the interests of the third parties whose rights the litigant wishes to assert.