![]() ![]() Then, and by way of sharp illustration of the dangers of failing to analyze the two distinct functions separately, Professor Scott argues that even if the recent liberalization of standing amounts to an abandonment of the doctrine's rationing function, it should not be taken to reject as well the doctrine's contribution to defining the courts' proper policymaking role. In most cities, a No Standing sign means you can stop and wait, as long as the driver stays behind the wheel (and in some places, the car must keep running). These signs really mean not a loading zone. In particular, he urges first that the standing decision be made explicitly one of rationing a scarce resource whose provision the government subsidizes. No standing signs usually mean you can drop people off or pick them up, but you still cant load or unload things from cars or trucks. Professor Scott makes proposals designed to preserve the (admittedly flawed) contribution of standing doctine to the fulfillment of these two functions. He suggests that the doctrine has served two quite distinct functions: the rationing of scarce judicial resources and the determination of the judiciary's proper policymaking role. 1 The use of precedent provides predictability, stability, fairness, and efficiency in the law. ![]() Legal separation usually entails a court order that two spouses can live apart as unmarried persons. 1 This principle or rule is then used by the court or other judicial bodies use when deciding later cases with similar issues or facts. Legal Separation: For all practical purposes, a circumstantial divorce without a legal decree. After arguing that the Supreme Court's recent liberalization of standing requirements, however desirable as a matter of policy, has tended to destroy the measure of coherence that standing doctrine possessed in its traditional form, Professor Scott sets out to lay the groundwork for a new theory of standing. In common law legal systems, a precedent or authority is a legal case that establishes a principle or rule. To begin with, there was an active law of standing in the eighteenth and nineteenth centuries. ![]()
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