Scott Dodson

Hybridizing Jurisdiction

Federal jurisdiction-the “power” of the court-is seen as something separate and unique, with a litany of special effects that define jurisdictionality as the antipode of nonjurisdictionality. The resulting conceptualization is that jurisdictionality and nonjurisdictionality occupy mutually exclusive theoretical and doctrinal space. In a recent Article, I refuted this rigid dichotomy of jurisdictionality and nonjurisdictionality by explaining that nonjurisdictional rules can be “hybridized” with any-or even all-of the attributes of jurisdictionality.

 

This Article drops the other shoe. Jurisdictional rules can be hybridized, too, and in myriad forms. The result is a far more complex world than what the simple-but fallacious-dichotomy of jurisdictionality and nonjurisdictionality suggests.

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