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Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman
Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman
Vanderbilt Journal of Transnational Law
Although the usually proclaimed goals of the United States legal system are "fair play and justice," a person who is injured in some way, who feels that he has had his rights violated, or who seeks to enforce a business agreement, may not necessarily have a remedy in its judicial system. Often a court may claim it lacks power to hear a case because it does not have jurisdiction over the defendant or the subject matter of the suit. Another motive of a court for refusing to hear the case may be simply the necessity to clear its docket. One …
Book Notes, Law Review Staff
Book Notes, Law Review Staff
Vanderbilt Law Review
In his discussion of the traditional power framework within which the Supreme Court operates the author covers old ground, dealing with such matters as the jurisdictional limitations upon the Court, its law court function of making case by case determinations, and its self-imposed restraints as to when and how it will hear and determine a controversy. The second broad heading, entitled "Marshalling the Court," forms probably the most fascinating chapter in the book. The author is here concerned with the issue most vital to any policy-oriented Justice: How can he win and hold for his side at least four other …