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University of Colorado Law School

2009

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Full-Text Articles in Jurisprudence

Jurisdiction's Noble Lie, Frederic M. Bloom Jan 2009

Jurisdiction's Noble Lie, Frederic M. Bloom

Articles

This Article makes sense of a lie. It shows how legal jurisdiction depends on a falsehood--and then explains why it would.

To make this novel argument, this Article starts where jurisdiction does. It recounts jurisdiction's foundations--its tests and motives, its histories and rules. It then seeks out jurisdictional reality, critically examining a side of jurisdiction we too often overlook. Legal jurisdiction may portray itself as fixed and unyielding, as natural as the force of gravity, and as stable as the firmest ground. But jurisdiction is in fact something different. It is a malleable legal invention that bears a false ...