The Enigma of Standing Doctrine in Texas Courts

Authors

William V. Dorsaneo III, Southern Methodist University, Dedman School of LawFollow

Abstract

This Article examines federal and Texas standing doctrine and makes recommendations for the principled application of the traditional non-jurisdictional approach of the procedural defense of standing under Texas law for common law claims and statutory rights of action and for the concomitant restriction of the jurisdictional aspects of standing to litigation brought by private persons and governmental units to enforce public rights or compel the performance of public duties. This Article also explains how the concepts of standing and capacity can be reconciled and harmonized.

Publication Title

Review of Litigation

Document Type

Article

Recommended Citation

William V. Dorsaneo, III, The Enigma of Standing Doctrine in Texas Courts, 28 Rev. Litig. 35 (2008)