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  <title>The Oyez Project: Judicial Power Issues - Statutory Standing Arguments</title>
  <link>http://www.oyez.org/issues/judicial-power/statutory-standing/</link>
  <description>U.S. Supreme Court Oral Arguments, presented by The Oyez Project (www.oyez.org)</description>
  <language>en-us</language>
  <itunes:image>http://www.oyez.org/images/oyezfeed.jpg</itunes:image>
  <itunes:category text="Government &amp; Organizations"/>
      <itunes:subtitle>U.S. Supreme Court Audio Recordings, presented by The Oyez Project (www.oyez.org)</itunes:subtitle>
    
   
    
     
      
       <item>
        <title>Air Courier Conference v. Postal Workers - Oral Argument</title>
        <pubDate>Wed, 28 Nov 1990 12:00:00 -0500</pubDate>
                <description>No details yet.</description>
        <itunes:summary>No details yet.&lt;br/&gt;&lt;br/&gt;No details yet.</itunes:summary>
        <guid>89-1416_19901128-argument</guid>
        <link>http://www.oyez.org/cases/1990-1999/1990/1990_89_1416/argument/</link>
        <enclosure url="http://www.oyez.org/cases/1990-1999/1990/1990_89_1416/argument/89-1416_19901128-argument.mp3" length="14160317" type="audio/mpeg"/>
        
        <itunes:keywords>supreme, court, oyez, rehnquist</itunes:keywords>
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       <item>
        <title>Anza v. Ideal Steel Supply Corporation - Oral Argument</title>
        <pubDate>Mon, 27 Mar 2006 12:00:00 -0500</pubDate>
                <description>&lt;p&gt;Ideal Steel Supply Corporation filed a civil suit against its competitor, National Steel Supply, Inc. in federal court. Ideal alleged that National had failed to charge sales tax for cash purchases, giving it a competitive (but fraudulent) advantage. Under the Racketeer Influenced and Corrupt Organizations Act, "[a]ny person injured in his business or property" by racketeering activity may bring a civil suit. Ideal argued that it had been injured through lost sales because of National's illegal lower prices, and therefore had standing to sue.&lt;/p&gt;
&lt;p&gt;The federal district court disagreed, dismissing the suit because Ideal had not had any direct encounters with National or relied on their fraudulent tax records. A Second Circuit Court of Appeals panel reversed the decision, however, finding that a company can sue under RICO when its competitor uses racketeering to gain an advantage.&lt;/p&gt;</description>
        <itunes:summary>&lt;p&gt;Ideal Steel Supply Corporation filed a civil suit against its competitor, National Steel Supply, Inc. in federal court. Ideal alleged that National had failed to charge sales tax for cash purchases, giving it a competitive (but fraudulent) advantage. Under the Racketeer Influenced and Corrupt Organizations Act, "[a]ny person injured in his business or property" by racketeering activity may bring a civil suit. Ideal argued that it had been injured through lost sales because of National's illegal lower prices, and therefore had standing to sue.&lt;/p&gt;
&lt;p&gt;The federal district court disagreed, dismissing the suit because Ideal had not had any direct encounters with National or relied on their fraudulent tax records. A Second Circuit Court of Appeals panel reversed the decision, however, finding that a company can sue under RICO when its competitor uses racketeering to gain an advantage.&lt;/p&gt;&lt;br/&gt;&lt;br/&gt;&lt;p&gt;Can a competitor be "injured in his business or property by reason of a violation" of the Racketeer Influenced and Corrupt Organizations Act (RICO) when the competitor is not the party defrauded and did not rely on the fraudulent behavior, but claims to have lost a competitive advantage because of the fraud?&lt;/p&gt;</itunes:summary>
        <guid>04-433_20060327-argument</guid>
        <link>http://www.oyez.org/cases/2000-2009/2005/2005_04_433/argument/</link>
        <enclosure url="http://www.oyez.org/cases/2000-2009/2005/2005_04_433/argument/04-433_20060327-argument.mp3" length="14032364" type="audio/mpeg"/>
        
        <itunes:keywords>supreme, court, oyez, rehnquist</itunes:keywords>
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       <item>
        <title>Bennett v. Spear - Oral Argument</title>
        <pubDate>Wed, 13 Nov 1996 12:00:00 -0500</pubDate>
                <description>&lt;p&gt;When the Fish and Wildlife Service was notified that the operation of the Klamath Irrigation Project might affect two endangered species of fish, it concluded that the proposed long-term operation of the project was likely to jeopardize the species and decided to maintain minimum levels of water in certain reservoirs. The petitioners, irrigation districts receiving project water and operators of ranches in those districts, filed suit against the Service's director, regional directors, and the Secretary, claiming the determination and imposition of minimum water levels violated the Endangered Species Act's requirement that the designated area's economic impact be considered. The District Court dismissed the compliant because it lacked standing; economic interests were not enough to constitute a lawsuit in this matter. The Court of Appeals affirmed.&lt;/p&gt;</description>
        <itunes:summary>&lt;p&gt;When the Fish and Wildlife Service was notified that the operation of the Klamath Irrigation Project might affect two endangered species of fish, it concluded that the proposed long-term operation of the project was likely to jeopardize the species and decided to maintain minimum levels of water in certain reservoirs. The petitioners, irrigation districts receiving project water and operators of ranches in those districts, filed suit against the Service's director, regional directors, and the Secretary, claiming the determination and imposition of minimum water levels violated the Endangered Species Act's requirement that the designated area's economic impact be considered. The District Court dismissed the compliant because it lacked standing; economic interests were not enough to constitute a lawsuit in this matter. The Court of Appeals affirmed.&lt;/p&gt;&lt;br/&gt;&lt;br/&gt;&lt;p&gt;Can private parties who claim they have suffered economic harm from enforcement of the Endangered Species Act sue to reverse regulation?&lt;/p&gt;</itunes:summary>
        <guid>95-813_19961113-argument</guid>
        <link>http://www.oyez.org/cases/1990-1999/1996/1996_95_813/argument/</link>
        <enclosure url="http://www.oyez.org/cases/1990-1999/1996/1996_95_813/argument/95-813_19961113-argument.mp3" length="13692219" type="audio/mpeg"/>
        
        <itunes:keywords>supreme, court, oyez, rehnquist</itunes:keywords>
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       <item>
        <title>Gollust v. Mendell - Oral Argument</title>
        <pubDate>Mon, 15 Apr 1991 12:00:00 -0500</pubDate>
                <description>No details yet.</description>
        <itunes:summary>No details yet.&lt;br/&gt;&lt;br/&gt;No details yet.</itunes:summary>
        <guid>90-659_19910415-argument</guid>
        <link>http://www.oyez.org/cases/1990-1999/1990/1990_90_659/argument/</link>
        <enclosure url="http://www.oyez.org/cases/1990-1999/1990/1990_90_659/argument/90-659_19910415-argument.mp3" length="13781124" type="audio/mpeg"/>
        
        <itunes:keywords>supreme, court, oyez, rehnquist</itunes:keywords>
       </item>
      
      
     
    
   
  
   
    
     
      
       <item>
        <title>Havens Realty Corp. v. Coleman - Oral Argument</title>
        <pubDate>Tue, 01 Dec 1981 12:00:00 -0500</pubDate>
                <description>No details yet.</description>
        <itunes:summary>No details yet.&lt;br/&gt;&lt;br/&gt;No details yet.</itunes:summary>
        <guid>80-988_19811201-argument</guid>
        <link>http://www.oyez.org/cases/1980-1989/1981/1981_80_988/argument/</link>
        <enclosure url="http://www.oyez.org/cases/1980-1989/1981/1981_80_988/argument/80-988_19811201-argument.mp3" length="12878968" type="audio/mpeg"/>
        
        <itunes:keywords>supreme, court, oyez, rehnquist</itunes:keywords>
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       <item>
        <title>Holmes v. Securities Investor Protection Corporation - Oral Argument</title>
        <pubDate>Wed, 13 Nov 1991 12:00:00 -0500</pubDate>
                <description>No details yet.</description>
        <itunes:summary>No details yet.&lt;br/&gt;&lt;br/&gt;No details yet.</itunes:summary>
        <guid>90-727_19911113-argument</guid>
        <link>http://www.oyez.org/cases/1990-1999/1991/1991_90_727/argument/</link>
        <enclosure url="http://www.oyez.org/cases/1990-1999/1991/1991_90_727/argument/90-727_19911113-argument.mp3" length="13438488" type="audio/mpeg"/>
        
        <itunes:keywords>supreme, court, oyez, rehnquist</itunes:keywords>
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       <item>
        <title>Jackson Transit Authority v. Transit Union - Oral Argument</title>
        <pubDate>Wed, 21 Apr 1982 12:00:00 -0500</pubDate>
                <description>No details yet.</description>
        <itunes:summary>No details yet.&lt;br/&gt;&lt;br/&gt;No details yet.</itunes:summary>
        <guid>81-411_19820421-argument</guid>
        <link>http://www.oyez.org/cases/1980-1989/1981/1981_81_411/argument/</link>
        <enclosure url="http://www.oyez.org/cases/1980-1989/1981/1981_81_411/argument/81-411_19820421-argument.mp3" length="14707923" type="audio/mpeg"/>
        
        <itunes:keywords>supreme, court, oyez, rehnquist</itunes:keywords>
       </item>
      
      
     
    
   
  
   
    
     
      
       <item>
        <title>National Credit Union Administration v. First National Bank - Oral Argument</title>
        <pubDate>Mon, 06 Oct 1997 12:00:00 -0500</pubDate>
                <description>&lt;p&gt;Section 109 of the Federal Credit Union Act provides that that "federal credit union membership shall be limited to groups having a common bond of occupation or association, or to groups within a well-defined neighborhood, community, or rural district." The National Credit Union Administration (NCUA) interprets section 9 to permit federal credit unions to be composed of multiple, unrelated employer groups, each having its own distinct common bond of occupation. Under this interpretation, the NCUA approved a series of charter amendments adding several unrelated employer groups to the membership of AT&amp;T Family Federal Credit Union, which now has approximately 110,000 members nationwide only 35% of whom are employees of AT&amp;T and its affiliates. Subsequently, a number of private actors brought suit under the Administrative Procedure Act, asserting that the NCUA's decision was contrary to law because section 109 unambiguously requires that the same common bond of occupation unite each member of an occupationally defined federal credit union and members of the new groups did not share a common bond of occupation with AT&amp;T Family Federal Credit Union's existing members. Ultimately, the District Court held that the private interests lack standing to challenge NCUA's decision and the Court of Appeals reversed.&lt;/p&gt;</description>
        <itunes:summary>&lt;p&gt;Section 109 of the Federal Credit Union Act provides that that "federal credit union membership shall be limited to groups having a common bond of occupation or association, or to groups within a well-defined neighborhood, community, or rural district." The National Credit Union Administration (NCUA) interprets section 9 to permit federal credit unions to be composed of multiple, unrelated employer groups, each having its own distinct common bond of occupation. Under this interpretation, the NCUA approved a series of charter amendments adding several unrelated employer groups to the membership of AT&amp;T Family Federal Credit Union, which now has approximately 110,000 members nationwide only 35% of whom are employees of AT&amp;T and its affiliates. Subsequently, a number of private actors brought suit under the Administrative Procedure Act, asserting that the NCUA's decision was contrary to law because section 109 unambiguously requires that the same common bond of occupation unite each member of an occupationally defined federal credit union and members of the new groups did not share a common bond of occupation with AT&amp;T Family Federal Credit Union's existing members. Ultimately, the District Court held that the private interests lack standing to challenge NCUA's decision and the Court of Appeals reversed.&lt;/p&gt;&lt;br/&gt;&lt;br/&gt;&lt;p&gt;Do banks and professional associations have standing under the Administrative Procedure Act to seek federal-court review of the National Credit Union Administration's decisions? Is the NCUA's interpretation of section 109 of the Federal Credit Union Act permissible?&lt;/p&gt;</itunes:summary>
        <guid>96-843_19971006-argument</guid>
        <link>http://www.oyez.org/cases/1990-1999/1997/1997_96_843/argument/</link>
        <enclosure url="http://www.oyez.org/cases/1990-1999/1997/1997_96_843/argument/96-843_19971006-argument.mp3" length="15056857" type="audio/mpeg"/>
        
        <itunes:keywords>supreme, court, oyez, rehnquist</itunes:keywords>
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        <title>United Food Workers v. Brown Group Inc. - Oral Argument</title>
        <pubDate>Tue, 20 Feb 1996 12:00:00 -0500</pubDate>
                <description>&lt;p&gt;The United Food and Commercial Workers Union Local 751 filed suit alleging that Brown Group, Inc. began to lay off workers in connection with the closing of one of its plants, Brown Shoe Company, before giving the union the closing notice required by the federal Worker Adjustment and Retraining Notification Act (the WARN Act). The union sought backpay for each of its affected members. Under modern associational standing doctrine, an organization may sue to redress its members' injuries when: 1) its members would otherwise have standing to sue in their own right; 2) the interests it seeks to protect are germane to the organization's purpose; and 3) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. The District Court dismissed the compliant. The Court of Appeals affirmed, holding that "[e]ach union member who wishes to recover WARN Act damages from Brown Shoe must participate in the suit so that his or her right to damages can be determined and the quantum of damages can be calculated by the court on the basis of particularized proof." Therefore, the court concluded that the suit was barred because the union failed to meet the third part of the test for asserting associational standing.&lt;/p&gt;</description>
        <itunes:summary>&lt;p&gt;The United Food and Commercial Workers Union Local 751 filed suit alleging that Brown Group, Inc. began to lay off workers in connection with the closing of one of its plants, Brown Shoe Company, before giving the union the closing notice required by the federal Worker Adjustment and Retraining Notification Act (the WARN Act). The union sought backpay for each of its affected members. Under modern associational standing doctrine, an organization may sue to redress its members' injuries when: 1) its members would otherwise have standing to sue in their own right; 2) the interests it seeks to protect are germane to the organization's purpose; and 3) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. The District Court dismissed the compliant. The Court of Appeals affirmed, holding that "[e]ach union member who wishes to recover WARN Act damages from Brown Shoe must participate in the suit so that his or her right to damages can be determined and the quantum of damages can be calculated by the court on the basis of particularized proof." Therefore, the court concluded that the suit was barred because the union failed to meet the third part of the test for asserting associational standing.&lt;/p&gt;&lt;br/&gt;&lt;br/&gt;&lt;p&gt;May a labor union sue on behalf of its members over alleged violations of the federal Worker Adjustment and Retraining Notification Act?&lt;/p&gt;</itunes:summary>
        <guid>95-340_19960220-argument</guid>
        <link>http://www.oyez.org/cases/1990-1999/1995/1995_95_340/argument/</link>
        <enclosure url="http://www.oyez.org/cases/1990-1999/1995/1995_95_340/argument/95-340_19960220-argument.mp3" length="13723809" type="audio/mpeg"/>
        
        <itunes:keywords>supreme, court, oyez, rehnquist</itunes:keywords>
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       <item>
        <title>Wilder v. Virginia Hospital Assoc. - Oral Argument</title>
        <pubDate>Tue, 09 Jan 1990 12:00:00 -0500</pubDate>
                <description>&lt;p&gt;To qualify for federal funding under the Medicaid Act, states must submit to the Secretary of Health and Human Services a plan that establishes a system by which healthcare providers will be reimbursed. Under the Boren Amendment, the reimbursement rates must be "reasonable and adequate" to meet the costs of efficiently operated facilities.&lt;/p&gt;
&lt;p&gt;In 1986, a group of hospitals brought sought against the state of Virginia, arguing that its reimbursement rates (which had been approved in 1982 and again in 1986 by the Secretary) were not "reasonable and adequate." The suit was brought under 42 U.S.C. 1983, which allows individuals or organizations to bring suit for the "deprivation of any rights ... secured by [federal] laws." Virginia argued that the Boren Amendment had not been intended to create a an enforceable right, but simply to provide guidelines for the Secretary to follow, and that the hospitals therefore could not bring suit under 1983. The state also argued that Congress had intended to prevent private parties from bringing suit to enforce the provisions of the Amendment. The District Court disagreed, allowing the suit to proceed. The Fourth Circuit Court of Appeals affirmed.&lt;/p&gt;</description>
        <itunes:summary>&lt;p&gt;To qualify for federal funding under the Medicaid Act, states must submit to the Secretary of Health and Human Services a plan that establishes a system by which healthcare providers will be reimbursed. Under the Boren Amendment, the reimbursement rates must be "reasonable and adequate" to meet the costs of efficiently operated facilities.&lt;/p&gt;
&lt;p&gt;In 1986, a group of hospitals brought sought against the state of Virginia, arguing that its reimbursement rates (which had been approved in 1982 and again in 1986 by the Secretary) were not "reasonable and adequate." The suit was brought under 42 U.S.C. 1983, which allows individuals or organizations to bring suit for the "deprivation of any rights ... secured by [federal] laws." Virginia argued that the Boren Amendment had not been intended to create a an enforceable right, but simply to provide guidelines for the Secretary to follow, and that the hospitals therefore could not bring suit under 1983. The state also argued that Congress had intended to prevent private parties from bringing suit to enforce the provisions of the Amendment. The District Court disagreed, allowing the suit to proceed. The Fourth Circuit Court of Appeals affirmed.&lt;/p&gt;&lt;br/&gt;&lt;br/&gt;&lt;p&gt;Did the Boren Amendment create a "right" under the definition of 42 U.S.C. 1983, therefore allowing private parties to bring suit challenging the state's finding that its Medicaid reimbursement rates are "reasonable and adequate"? If such a right was created, did Congress intend to prevent private suits to enforce the it?&lt;/p&gt;</itunes:summary>
        <guid>88-2043_19900109-argument</guid>
        <link>http://www.oyez.org/cases/1980-1989/1989/1989_88_2043/argument/</link>
        <enclosure url="http://www.oyez.org/cases/1980-1989/1989/1989_88_2043/argument/88-2043_19900109-argument.mp3" length="14227533" type="audio/mpeg"/>
        
        <itunes:keywords>supreme, court, oyez, rehnquist</itunes:keywords>
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