Jonathan R. Siegel
Professor of Law
George Washington University
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Injury in Fact and the Structure of Legal Revolutions

68 Vand. L. Rev. En Banc 207 (2015)
 
Abstract

I comment on the pending Supreme Court case of Spokeo, Inc. v. Robins, which tests whether a plaintiff can have standing based on the violation of a right conferred by Congress, even if a court does not believe the plaintiff has sufferd an injury in fact. I observe that the Supreme Court has long held that standing can be based on the violation of legal rights, and indeed, traditionally, that was the only basis for standing. Because the goal of standing doctrine is understood as maintaining tradition, plaintiffs should continue to have standing if they satisfy this traditional test.

 

 

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