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The judicial theory of associational standing allows an organization to sue on behalf of an injury to one or more of its members.' Although this mode of representation provides for greater and more effective access to the courts because of the greater financial resources and expertise of an organization, associational standing can also create significant difficulties when not all members of the organization support the litigation, thus creating an internal conflict of interest.3 A frequent example in the case law occurs when a business association attempts to overturn a statute providing contracting advantages to minority-owned businesses. The business association has members who would be hurt by successful litigation (minority-owned businesses) and members who would be helped by successful litigation (non-minority-owned businesses).' Courts split over how to handle an organization that is litigating on behalf of some of its members and to the detriment of others.6 Specifically, some courts have found that or-

Associational Standing for Organizations with Internal Conflicts of Interest