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Full-Text Articles in Jurisprudence
Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski
Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski
Faculty Works
No abstract provided.
Clear Rules - Not Necessarily Simple Or Accessible Ones, Lumen N. Mulligan
Clear Rules - Not Necessarily Simple Or Accessible Ones, Lumen N. Mulligan
Faculty Works
In The Complexity of Jurisdictional Clarity, 97 VA. L. REV. 1 (2011), Professor Dodson argues that the traditional call for clear and simple rules über alles in subject matter jurisdiction is misplaced. In this response essay, I begin by arguing that Dodson, while offering many valuable insights, does not adequately distinguish between the separate notions of simplicity, clarity, and accessibility. Second, I note that crafting a clarity enhancing rule, even if complex and inaccessible, may be a more promising endeavor than the search for a regime that is at once clear, simple and accessible. In the third section, I contend …
A Unified Theory Of 28 U.S.C. Section 1331 Jurisdiction, Lumen N. Mulligan
A Unified Theory Of 28 U.S.C. Section 1331 Jurisdiction, Lumen N. Mulligan
Faculty Works
Title 28, section 1331 of the United States Code provides the jurisdictional grounding for the majority of cases heard in the federal courts, yet it is not well understood. The predominant view holds that section 1331 doctrine both lacks a focus upon congressional intent and is internally inconsistent. I seek to counter both these assumptions by re-contextualizing the Court's section 1331 jurisprudence in terms of the contemporary judicial usage of right (i.e., clear, mandatory obligations capable of judicial enforcement) and cause of action (i.e., permission to vindicate a right in court). In conducting this reinterpretation, I argue that section 1331 …
Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
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No abstract provided.