CRANE
v.
ROSS ET AL.

U.S. | 1981-11-09
No. 81-5422
454 U.S. 1025 Supreme Court of the United States (1981) Positive Treatment
Cited by 3 cases

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  • Vill. OF Bellwood v. Chandra Dwivedi, 895 F.2d 1521 (7th Cir. 1990)
    …uthorizing someone whose substantive rights have not been invaded to sue to redress an invasion of someone else’s substantive rights. The statute invalidated in McClure v. Carter, 513 F.Supp. 265 (D.Idaho) (three-judge court), aff'd without opinion, 454 U.S. 1025, 102 S.Ct. 559, 70 L.Ed.2d 469 (1981), authorized a member of the United States Senate (Senator McClure) to bring a federal suit challenging the legality of the appointment of a federal judge (Judge Mikva). No substantive right of Senator McClure’…
  • Begay v. The Kerr-McGEE Corp., 682 F.2d 1311 (9th Cir. 1982)
    …he is clearly wrong. Major v. Arizona State Prison, 642 F. 2d 311, 313 (9th Cir. 1981). See Johnson v. Kerr-McGee Oil Industries, Inc., 129 Ariz. 393, 631 P. 2d 548 (Ct.App.) (Johnson I), appeal dismissed for want of a substantial federal question, 454 U.S. 1025, 102 S.Ct. 560, 70 L.Ed.2d 469 (1981). Whether these provisions of Arizona workers’ compensation law are viewed as abolishing the Indians’ common law cause of action, as depriving the state [*1318] courts of jurisdiction, or rather as a limitation…
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  • …rmful in any sense currently recognized by tort law. But this would be the conferral of a substantive right, a right to be protected against particular conduct. McClure v. Carter, 513 F.Supp. 265 (D.Idaho) (three-judge court), aff’d without opinion, 454 U.S. 1025, 102 S.Ct. 559, 70 L.Ed.2d 469 (1981), holds that Congress may not circumvent Article III— which has been held, unhistorically but pragmatically, Flast v. Cohen, 392 U.S. 83, 96, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968); People Organized for Welfare & E…

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