Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Jurisdictional Procedure, Justin Pidot Nov 2012

Jurisdictional Procedure, Justin Pidot

William & Mary Law Review

Scholars have lavished attention on the substance of jurisdictional doctrines such as standing, mootness, diversity, and federal question. They have left largely unexamined, however, the procedures courts use to address these doctrines; collectively, I refer to these procedures as “jurisdictional procedure.” A paramount feature of jurisdictional procedure is the unique and virtually unqualified obligation federal courts possess to identify and decide issues of subject matter jurisdiction even if the parties and lower courts overlook these issues. Courts have reached no consensus about how to identify the facts necessary to effectuate this obligation. The confluence of court-initiated legal inquiry and unpredictable …


Erie, Swift, And Legal Positivism, Michael S. Green Sep 2012

Erie, Swift, And Legal Positivism, Michael S. Green

Popular Media

No abstract provided.


A (Modest) Separation Of Powers Success Story, Tara Leigh Grove Apr 2012

A (Modest) Separation Of Powers Success Story, Tara Leigh Grove

Faculty Publications

No abstract provided.


An Unusual Separation Of Power Episode: Samantar V. Yousuf And The Need For The Executive Branch To Assert Control Over Foreign Official Sovereign Immunity Determinations, Laura Manns Mar 2012

An Unusual Separation Of Power Episode: Samantar V. Yousuf And The Need For The Executive Branch To Assert Control Over Foreign Official Sovereign Immunity Determinations, Laura Manns

William & Mary Bill of Rights Journal

No abstract provided.