Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
The Failure Of Bowles V. Russell, Scott Dodson
The Failure Of Bowles V. Russell, Scott Dodson
Faculty Publications
The Supreme Court recently decided Bowles v. Russell—perhaps that Term’s most underrated case—which characterized the time to file a civil notice of appeal as jurisdictional and therefore not subject to equitable excuses for noncompliance. In so holding, the Court overstated the supporting precedent, inflated the jurisdictional importance of statutes, and undermined an important recent movement to clarify when a rule is jurisdictional and when it is not. This did not have to be. The Court missed a golden opportunity to chart a middle course—holding the rule mandatory but nonjurisdictional—that would have been more consistent with precedent while resolving the …
Abbott Labs V. Gardner, 387 U.S. 136 (1967), Aaron-Andrew P. Bruhl
Abbott Labs V. Gardner, 387 U.S. 136 (1967), Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins
Faculty Publications
This Article examines the profound role that ideological cohesion plays in explaining the Supreme Court's willingness to advance a coherent vision of the law - either by overruling precedents inconsistent with that vision or by establishing rule-like precedents intended to bind the Supreme Court and lower courts in subsequent cases. Through case studies of the New Deal, Warren, and Rehnquist Courts, this Article calls attention to key differences between Courts in which five or more Justices pursue the same substantive objectives and Courts which lack a dominant voting block. In particular, when five or more Justices pursue the same substantive …
Congressional Responses To Judicial Decisions, Neal Devins
Congressional Responses To Judicial Decisions, Neal Devins
Faculty Publications
No abstract provided.
Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl
Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.