Law Commons^™

Waiving Jurisdiction, Jessica Berch

Pace Law Review

This Article explains why courts treat subject-matter jurisdiction as sacrosanct, demonstrates why this reaction is unwarranted, and advocates that, in cases like Kroger, a defect in the district court’s subject-matter jurisdiction should be deemed waived if not raised before trial begins or any adjudication is made on the merits.

This Article proceeds in four parts. Part I briefly reviews why the current system of strong rhetoric, riddled with myriad exceptions, is cumbersome, confusing, and unnecessary. Part II examines other structural constitutional doctrines that courts have nonetheless deemed waivable: mootness, sovereign immunity, and territorial conceptions of personal jurisdiction. In …

Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle

Pace Law Review

No abstract provided.

Forum Non Conveniens And The Need For Availability Of An Alternative Forum Under Cplr 327: Is The Islamic Republic Case An Anomaly?, Anthony J. Centone

Pace Law Review

No abstract provided.