On the outside Seeking In: Must Intervenors Demonstrate Standing to Join a Lawsuit?

IF 1.8 2区社会学 Q1 LAW

Duke Law Journal Pub Date : 2002-11-01 DOI:10.2307/1373177

J. Karastelev

引用次数: 0

Abstract

The law's traditional conception of a "case" has evolved from a discrete dispute between two adverse parties to a multiparty structure covering a range of related and often conflicting interests.' The Federal Rules of Civil Procedure provide several avenues for expanding the involved participants in a case beyond a single plaintiff and single defendant to include other affected or interested parties.2 Intervention under Rule 24 is the vehicle nonparties use to protect their interests from potential impairment by a court's adjudication of a dispute between the original parties. By allowing nonparties to intervene, Rule 24 lets them represent their interests and arguably improves the court's decisionmaking by allowing the presentation of different viewpoints and evidence.3 Courts may also benefit from granting mo-

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从外部寻求介入:介入者必须证明其参与诉讼的资格吗?

法律对“案件”的传统概念已经从两个敌对方之间的离散争议演变为涵盖一系列相关且经常相互冲突的利益的多方结构。《联邦民事诉讼规则》提供了几种途径来扩大案件中涉及的参与人，使其超越单一的原告和被告，而包括其他受影响的或利害关系人第24条规则下的干预是指非当事人使用的工具，以保护他们的利益免受法院对原当事人之间的争议裁决的潜在损害。通过允许非当事人介入，规则24允许他们代表自己的利益，并且可以通过允许提出不同的观点和证据来改善法院的决策法院也可以从授予mo-中获益

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来源期刊

Duke Law Journal LAW-

CiteScore

1.90

自引率

0.00%

发文量

期刊介绍： The first issue of what was to become the Duke Law Journal was published in March 1951 as the Duke Bar Journal. Created to provide a medium for student expression, the Duke Bar Journal consisted entirely of student-written and student-edited work until 1953, when it began publishing faculty contributions. To reflect the inclusion of faculty scholarship, the Duke Bar Journal became the Duke Law Journal in 1957. In 1969, the Journal published its inaugural Administrative Law Symposium issue, a tradition that continues today. Volume 1 of the Duke Bar Journal spanned two issues and 259 pages. In 1959, the Journal grew to four issues and 649 pages, growing again in 1970 to six issues and 1263 pages. Today, the Duke Law Journal publishes eight issues per volume. Our staff is committed to the purpose set forth in our constitution: to publish legal writing of superior quality. We seek to publish a collection of outstanding scholarship from established legal writers, up-and-coming authors, and our own student editors.