The Rights Of Others: Protection And Advocacy Organizations’ Associational Standing To Sue

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Popular discussion of the standing doctrine has reached a fever pitch. A search for “standing to sue” in the New York Times archives for the last two years connects this phrase to a smorgasbord of hot political issues: global warming, warrantless wiretapping, torture, and the separation of church and state. For a relatively young doctrine, standing is incredibly pervasive in popular as well as judicial discourse.

This Comment explores the implications of the standing analysis for a particular group of plaintiffs: Protection and Advocacy Organizations (P&As)—a group of federally funded nonprofit corporations or state entities statutorily charged with protecting and advocating on behalf of individuals with disabilities.

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