Sunstein (1992) expands on this question of characterizing injury: "[i]f the injury is described in sharply particularistic, common-law like terms, it will not be redressable
, since the consequences of victory for any particular plaintiff cannot be ascertained in advance.
(19) In most of these situations, there are compelling reasons for this "special solicitude to the rights of religious organizations," (20) even where the individual or group has suffered a harm that would be legally redressable
in another context under federal or state statute or under state tort or contract law.
Even if Congress were to create this right, parties would still have to cross the justiciability barrier by meeting the constitutional requirements for standing--they would have to show that they indeed suffered a particularized, redressable
injury resulting from a violation of this protected right.
Chu's Estate has experienced an injury in fact that is concrete and actual, an injury allegedly caused by the challenged conduct of the Legion and redressable
by a favorable decision in this case."
(259.) Amartya Sen, The Idea of Justice vii (2009) (praising the identification of redressable
injustice even without trying to achieve a perfectly just world).
The plaintiff's injury must fall within the zone of interests protected by the constitutional guarantee in question; and, the injury must be redressable
by the requested relief.
(46) The Ninth Circuit, relying on Ravetti, in part, found that even after the enactment of IRC [section] 6015(e)(4), the nonrequesting spouse lacked standing to appeal the favorable innocent spouse decision of the Tax Court because Baranowicz failed to show any redressable
Justice Black attacked this inequity in his dissent, labeling it an injustice and arguing that the "different treatment of Miss Mapp and Linkletter points up at once the arbitrary and discriminatory nature of the judicial contrivance utilized here." (49) Justice Black believed it was unfair for the Court to simultaneously maintain that Mapp suffered a redressable
violation of her rights, but Linkletter--despite suffering the same Constitutional injury--would be denied relief.
As discussed above in part III.B, the IP Report's use of the term hold-up is inconsistent with the common understanding of the term; that is, competition-damaging patent-related opportunism, usually involving active deception, a breach of a FRAND commitment, or some other independently unlawful and redressable
The close proximity of state courts to their citizens "both shapes their strategic judgments and renders any erroneous assessments they may make more readily redressable
by the People." Id.
In affirming the district court's grant of summary judgment to the defendants, the seventh circuit found that "[n]one of these actions can support a finding of liability in this retaliation lawsuit, because they are all excluded from consideration by the litigation privilege a doctrine that simply precludes actions taken in the adversarial setting of litigation and otherwise redressable
through court process from supporting further litigation." (61) Past seventh circuit jurisprudence strongly suggests that the privilege will not amount to a blanket privilege for litigation conduct, but that discovery disputes and other litigation tactics cannot form the basis of a Title VII retaliation claim.
The plurality opinion laid out a three-step analysis: First, as a general matter, Justice Alito pointed out that the interest of a federal taxpayer in seeing that Treasury funds are spent in accordance with the Constitution does not give rise to the kind of redressable
"personal injury" required for Article III standing ...