Basic Hypothetical Information: Congress appropriates $1million for a scientific grant. The appropriation specifies that the grant money is to be used to study the mating behavior of sea turtles. Congress also enacts legislation requiring businesses that affect sea turtles' migration or habitat to pay a special tax. The revenues are used to help fund the grant. In fact, one-half of the grant money is derived from the general treasury and theother half from the special tax.
Application 1. Kevin believes this expenditure to be wasteful and is outraged that his tax dollars are being spent for useless studies. He files an action in a U.S. district court seeking to block the appropriation.
Application 2. TransShipping, Inc., has been assessed a $20,000 special tax because its oceanic shipping lines interfere with sea turtle migration. The Shipping Union (SU) is an organization whose membership consists of companies that engage in land, rali, and air shipping. Although the SU members are not engaged in ocean shipping, they believe that this law sets a bad precedent and that similar laws may affect their businesses in the future. At the last SU meeting, its membership voted to hire counsel to oppose the new law. Both TransShipping and Shipping union have filed separate actions challenging the law.
DISCUSSION: Discuss the above Applications in terms of whether or not there is standing. If so, why? If not, why not? What facts would need to be changed to create standing? What standards of review would be used? Is jurisdiction created in these hypothetical Applications? If so, how? If not, why not? How would jurisdiction be created in these Applications?
Explanation & Answer
Law Discussion - outline
Thesis Statement: Administrative justice ensures that there is a balance between government
action and civic responsibility using judicial review.
The locus of the two applications
The facts that need to be changed to create standing
The standards of review that will be used
The jurisdiction that is created by the hypothetical applications
Concluding the discussion and reiterating the thesis
Running head: ADMINISTRATIVE JUSTICE
Law Discussion: Administrative Justice
Law Discussion: Administrat...
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