Tag: Judicial Interpretation

Mandatory Rules: A Primer

Scott Dodson - University of Arkansas School of Law

How does one determine whether a particular rule is jurisdictional or not? Over the last few years, the Court has focused on this question, most recently in a decision holding that the six-year statute of limitations in the Tucker Act is a quasi-jurisdictional bar to suit.
The Court is right to… Read More »

Opinion Specialization: Alive and Well in the Federal Appellate Judiciary

Edward K. Cheng - Brooklyn Law School

In accord with traditions celebrating the generalist judge, the federal judiciary has consistently resisted proposals for specialized courts. Outward support for specialization, if it exists at all, is confined to narrow exceptions such as bankruptcy and tax.
The romantic image of the generalist, however, is not without its costs. The… Read More »