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Full-Text Articles in Law
Jurisdiction And "Definitional Law", John F. Preis
Jurisdiction And "Definitional Law", John F. Preis
William & Mary Law Review Online
Professor Scott Dodson and I agree that the law of federal jurisdiction needs improvement. We disagree, however, on Congress’s power to make that happen. In an article published in 2017, Dodson argued that “jurisdiction” has an “inherent identity” that “[n]either Congress nor the courts can change.” In an article published the following year, I critiqued this claim. There, I argued that Congress is not obliged to respect jurisdiction’s inherent identity (to the extent it might have one). Rather, Congress need only respect the identity of jurisdiction contained in the United States Constitution. Professor Dodson recently published a rejoinder to my …
Jurisdictional Idealism And Positivism, John F. Preis
Jurisdictional Idealism And Positivism, John F. Preis
William & Mary Law Review
“If I should call a sheep’s tail a leg, how many legs would it have? Four, because calling a tail a leg would not make it so.” This old quip, often attributed to Abraham Lincoln, captures an issue at the heart of the modern law of subject matter jurisdiction. Some believe that there is a Platonic ideal of jurisdiction that cannot be changed by judicial or legislative fiat. Others take a positivist approach and assert that jurisdiction is nothing more than whatever a legislature says it is. Who is right?
Neither and both. Although neither idealism nor positivism is the …
Why Jurisprudence Doesn't Matter For Customary International Law, Steven Walt
Why Jurisprudence Doesn't Matter For Customary International Law, Steven Walt
William & Mary Law Review
No abstract provided.
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
William & Mary Law Review
No abstract provided.
Law's Dark Matter, Michael S. Green