Appreciating Mandatory Rules: A Reply to Critics
Northwestern University Law Review Colloquy, Vol. 102, p. 228, 2008
11 Pages Posted: 26 Feb 2008 Last revised: 12 Nov 2012
In Bowles v. Russell, the Court held that the statutory time limitation for filing a notice of appeal is jurisdictional. In a short essay published in Northwestern University Law Review's Colloquy, I critiqued that decision, suggested a better approach, and previewed some of the difficulties that the decision may cause for the future. Professors Perry Dane and Beth Burch and Mr. King Poor, Esq. responded. This short reply to their responses develops additional reasons for characterizing the time to file a notice of appeal as mandatory but nonjurisdictional.
Keywords: Bowles, Colloquy, Poor, Dane, Burch, time to appeal, notice of appeal, jurisdictionality, mandatory
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