Event Title

Defending Defenders: Remarks on Nichol and Pierce

Presenter Information

Marshall J. Breger

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.

Comments

This event was not recorded.

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/iss6/3


This document is currently not available here.

Share

COinS
 
Jan 21st, 1:00 PM Jan 21st, 2:15 PM

Defending 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.