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William & Mary Law Review

Adversary System

Articles 1 - 4 of 4

Full-Text Articles in Law

Jurisdictional Procedure, Justin Pidot Nov 2012

Jurisdictional Procedure, Justin Pidot

William & Mary Law Review

Scholars have lavished attention on the substance of jurisdictional doctrines such as standing, mootness, diversity, and federal question. They have left largely unexamined, however, the procedures courts use to address these doctrines; collectively, I refer to these procedures as “jurisdictional procedure.” A paramount feature of jurisdictional procedure is the unique and virtually unqualified obligation federal courts possess to identify and decide issues of subject matter jurisdiction even if the parties and lower courts overlook these issues. Courts have reached no consensus about how to identify the facts necessary to effectuate this obligation. The confluence of court-initiated legal inquiry and unpredictable …


The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow Oct 1996

The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow

William & Mary Law Review

No abstract provided.


Lawyering In A Hybrid Adversary System, John S. Dzienkowski Oct 1996

Lawyering In A Hybrid Adversary System, John S. Dzienkowski

William & Mary Law Review

No abstract provided.


The Trouble With Postmodern Zeal, Monroe H. Freedman Oct 1996

The Trouble With Postmodern Zeal, Monroe H. Freedman

William & Mary Law Review

No abstract provided.