US EditionWhat History Really Says About the New Article II Assault on Private Enforcement - Courts Law
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What History Really Says About the New Article II Assault on Private Enforcement - Courts Law
Nitisha Baronia, Jared Lucky, & Diego A. Zambrano, Private Enforcement at the Founding and Article II, 114 Calif. L. Rev. __ (forthcoming, 2026), available at SSRN (May 8, 2024). Adam N. Steinman If we were on Family Feud and the question was “Name a constitutional obstacle to private enforcement of federal substantive law,” the #1 answer on the board would probably be Article III standing—most notably its requirement that any plaintiff suing i…
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