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James E. Pfander

preservation of the properly limited role of the federal courts in a governmental system of coordinate and separate branches. Hence, the emphasis on separation of powers in the title of the Essay. As for the methodology Judge Scalia used in deriving his criticism of standing law, his essay was primarily structural and doctrinal. While he did invoke the historical example of Marbury , and did call for a “return to the original understanding,” his essay did not explore the historical origins of standing law at the time of the framing of the Constitution. See id . at 893

Open access

David A. Gantz

:// (last visited Jan. 19, 2016) (providing history, negotiating texts and other information on the FTAA). The reasons for this failure are many. Still, the most significant was the inability of the United States and Brazil to agree on a way forward. The United States was insisting on better access for U.S. goods to the Brazilian market but unwilling to address several long-standing anti-dumping orders affecting, inter alia , steel and orange juice, or to agree in a regional trade agreement to significantly reduce or eliminate agricultural subsidies. See Kevin C