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