The Jurisprudence of Article III, 93 Harvard Law Review 297 (1979)
The standing, ripeness, and mootness doctrines are frequently
criticized by those who seek greater access to federal courts. In
this Article, Professor Brilmayer examines the theoretical underpinnings
of the "case or controversy" requirement of article III and concludes that these justiciability rules are appropriate. They serve three interrelated policies: the smooth allocation of power among courts over time; the proper representation of individuals who will be affected by an adverse judgment; and the interest in self-determination. Professor Brilmayer proposes that courts explicitly rely
on these policies in deciding justiciability questions.
Date of Authorship for this Version
Brilmayer, Lea, "The Jurisprudence of Article III" (1979). Faculty Scholarship Series. Paper 2561.