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Unformatted text preview: n36 The rule that a court will not decide a moot case is recognized in virtually every American jurisdiction . n37 B Violating mootness destroys court credibility Corey C . Watson '91 Northwestern University Law Review FALL, 1991 86 Nw. U.L. Rev. 143 The tension between constitutional demands and prudential judicial authority drives the debate over the theoretical foundation for mootness. The lack of consensus regarding mootness theory compounds the difficulty of applying the doctrine. While the effect that mootness has on individual litigants is a significant consideration in the debate, so too is the effect of the structure and limits of government. The optimal model for mootness must recognize the legitimacy of a party pursuing a meaningful judicial remedy and, in doing so, must also preserve the legitimacy of judicial authority itself....
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This note was uploaded on 12/20/2010 for the course K 101 taught by Professor Staff during the Fall '10 term at UMass Lowell.
- Fall '10