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

Law Commons

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

Civil Procedure

William & Mary Law School

Faculty Publications

Series

Conflict of Laws

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The Erie Doctrine: A Flowchart, Michael S. Green Jan 2018

The Erie Doctrine: A Flowchart, Michael S. Green

Faculty Publications

No abstract provided.


Mandatory Rules, Scott Dodson Oct 2008

Mandatory Rules, Scott Dodson

Faculty Publications

Whether a limitation is jurisdictional or not is an important but often obscure question. In an article published in Northwestern University Law Review, I proposed a framework for courts to resolve the issue in a principled way, but I left open the next logical question: what does it mean if a rule is characterized as nonjurisdictional? Jurisdictional rules generally have a clearly defined set of traits: they are not subject to equitable exceptions, consent, waiver, or forfeiture; they can be raised at any time; and they can be raised by any party or the court sua sponte. This jurisdictional rigidity …