Event Title
Defending Defenders: Remarks on Nichol and Pierce
Location
Duke Law School
Start Date
21-1-1993 1:00 PM
End Date
21-1-1993 2:15 PM
Description
Both Nichol and Pierce, as devotees of grand theory, are interested in analyzing Scalia's "agenda," however described. They view Defenders as a fundamental change in the Court's standing jurisprudence, in part because of the symbolism they and their fellow detractors impart to the decision. In contrast, the author is apparently a miniaturist, at least when it comes to the possibility of grand theories and "broader agendas." Like Justice Kennedy, the author does not read Justice Scalia's opinion to hold that Congress cannot confer standing by defining an injury and relating it to a class of persons entitled to sue.
Related Paper
Marshall J. Breger, Defending Defenders: Remarks on Nichol and Pierce, 42 Duke Law Journal 1202-1218 (1993)
Available at: http://scholarship.law.duke.edu/dlj/vol42/iss6/3Defending Defenders: Remarks on Nichol and Pierce
Duke Law School
Both Nichol and Pierce, as devotees of grand theory, are interested in analyzing Scalia's "agenda," however described. They view Defenders as a fundamental change in the Court's standing jurisprudence, in part because of the symbolism they and their fellow detractors impart to the decision. In contrast, the author is apparently a miniaturist, at least when it comes to the possibility of grand theories and "broader agendas." Like Justice Kennedy, the author does not read Justice Scalia's opinion to hold that Congress cannot confer standing by defining an injury and relating it to a class of persons entitled to sue.
Comments
This event was not recorded.