Class 3 - Assignment

Your reading assignment for Class 3 - Justiciability is textbook pages 97-114, 135-142.

Our principal case for Tuesday's class session is Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). Please read the edited (shortened) version of the opinion that is available at http://www.law.duke.edu/publiclaw/supremecourtonline/editedCases/lujvdef.html.

PLEASE don't feel overburdened by all of the legal complexities in the opinion, such as the actual procedures of filing a lawsuit, burden of persuasion, etc. Disregard all that. I'll address the necessary elements of civil procedure myself through lecture.

Just try to determine the key facts (who are the parties? what is the dispute?) and the key elements of the "standing" test that Justice Scalia articulates. These will be the areas that I question you on. Also, read the dissenting opinion and try to identify the points of interpretive difference among the Justices.

See you next week!