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Jurisdiction, Merits, and Procedure: Thoughts on Dodson's Trichotomy


Howard M. Wasserman


Florida International University (FIU) - College of Law


Northwestern University Law Review, Vol. 102, No. 3, 2008

Abstract:     
In 'In Search of Removal Jurisdiction', in NORTHWESTERN UNIVERSITY LAW REVIEW, Scott Dodson attempts to delineate appropriate boundaries between rules of subject matter jurisdiction and rules of judicial procedure, in the context of removal time limits. My recent work, on the other hand, has sought to define, clearly and cleanly, distinct boundaries between subject matter jurisdiction and the substantive merits of federal claims of right. Dodson argues that we must develop a 'broader understanding of the interrelationship and boundaries among the trichotomy of jurisdiction, procedure, and merits.' I agree and this essay is an initial move towards that understanding. It examines each pair in the conceptual triangle and considers the connections among each pair and how to distinguish and disentangle each pair of concepts.

Number of Pages in PDF File: 13

Keywords: Jurisdiction, Procedure, Federal Courts, Rights

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Date posted: February 19, 2008 ; Last revised: October 16, 2008

Suggested Citation

Wasserman, Howard M., Jurisdiction, Merits, and Procedure: Thoughts on Dodson's Trichotomy. Northwestern University Law Review, Vol. 102, No. 3, 2008. Available at SSRN: http://ssrn.com/abstract=1095040

Contact Information

Howard M. Wasserman (Contact Author)
Florida International University (FIU) - College of Law ( email )
University Park, DB 2065
Miami, FL 33199
United States
305-348-7482 (Phone)
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