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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 …
Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson
Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson
Faculty Publications
It seems that few are pleased with the Court’s recent decision in Bowles v. Russell, in which the Court held the time limit for filing a notice of appeal to be jurisdictional and therefore not susceptible to the unique circumstances doctrine. As I wrote in this original essay, I believe the Court disrupted prior precedent and missed a golden opportunity to develop, in a principled way, a framework for characterizing rules as jurisdictional or not, and I adhere to those views. Three have responded to my essay. Professor Beth Burch criticizes Bowles for some of the same …
Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl
Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
In Search Of Removal Jurisdiction, Scott Dodson
In Search Of Removal Jurisdiction, Scott Dodson
Faculty Publications
The ubiquitous and somewhat careless use of the term “jurisdictional” by courts has spawned confusion over what is and is not jurisdictional in a variety of contexts, including removal. The issue has critical implications for litigants. Yet it lacks scholarly coverage and is the subject of deep divisions in the lower courts. In this article, I develop an initial framework for tackling the jurisdictional/procedural characterization issues of the removal statute. I build upon the groundwork laid by prior precedent and modify it to account for the quasi-jurisdictional nature of removal and its impact on the federal-state balance of power. I …