Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 In applying the 'zone of interests'' test, the Court does not ask whether Congress specifically intended the statute at issue to benefit the plaintiff, see, e.g.,Clarke v. Securities Industry Assn., 479 U.S. 388, 403, 107 S.Ct. 750, 759, 93 L.Ed.2d 757. Instead, it discerns the interests 'arguably . . . to be protected'' by the statutory provision and inquires whether the plaintiff's interests affected by the agency action in question are among them, see, e.g., Data Processing, supra, at 153, 90 S.Ct., at 829-830. 


Cases have consistently held that for a plaintiff's interests to be arguably within the 'zone of interests'' to be protected by a statute, there does not have to be an 'indication of congressional purpose to benefit the would-be plaintiff.'' Hence in applying the 'zone of interests'' test, courts do not ask whether, in enacting the statutory provision at issue, Congress specifically intended to benefit the plaintiff. Instead, we first discern the interests 'arguably . . . to be protected'' by the statutory provision at issue; we then inquire whether the plaintiff's interests affected by the agency action in question are among them. See, e.g., Association of Data Processing Service Organizations, ...

Register or login to access full content



Professors
Professionals
Students