Statutory Genres- Substance Procedure Jurisdiction
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Statutory Genres- Substance Procedure Jurisdiction
Statutory Genres- Substance Procedure Jurisdiction
Saint Louis University School of LawScholarship CommonsAll Faculty ScholarshipFall 2012Statutory Genres: Substance, Procedure, JurisdictionKaren Petro Statutory Genres- Substance Procedure JurisdictionoskiSaint Lữuii ưnivenity School of LawFollow this and additional works at: https://scholarship.law.slu.edu/faculty& Part of the Civil Procedure Commons, and the Legislation CommonsRecommended CitationPetroski, Karen. Statutory Genres: Substance, Procedure, Jurisdiction. Loyola University Chicago La Statutory Genres- Substance Procedure Jurisdictionw Journal, vol. 44, no. 1, Fall 2012.1hi» Article is brought to JX1U for free and open KOHS by Scholarship Commom It ha» been accepted for tnckiMoei iStatutory Genres- Substance Procedure Jurisdiction
n All Faculty Scholarship by an authorized administrator of Scholarship Common*. Foe more infomution, please contact crikaxohn^tlu.edu, ingahdaviscrawSaint Louis University School of LawScholarship CommonsAll Faculty ScholarshipFall 2012Statutory Genres: Substance, Procedure, JurisdictionKaren Petro Statutory Genres- Substance Procedure Jurisdictiond to characterize some of die legal rules involved, placing each one in a specific doctrinal category to identify the ride's effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article Statutory Genres- Substance Procedure Jurisdictionoffers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or sStatutory Genres- Substance Procedure Jurisdiction
tatutes, a distinction federal courts make in several contexts, and die distinction between jurisdictional and nonjurisdictional rules, especially thoSaint Louis University School of LawScholarship CommonsAll Faculty ScholarshipFall 2012Statutory Genres: Substance, Procedure, JurisdictionKaren Petro Statutory Genres- Substance Procedure Jurisdictionterization by contextualizing each as an example of the same activity: the identification of the ‘genre. ” or kind, to which particular legal texts belong. Showing that decisions in both areas do in fact involve genre classification, the Article explains how it follows that legal characterization IS Statutory Genres- Substance Procedure Jurisdiction an aspect of legal interpretation, although courts have seldom recognized as much. This analysis further suggests new lines of development for both EStatutory Genres- Substance Procedure Jurisdiction
rie doctrine and jurisdictional characterization. Judges making Erie decisions should characterize both the state and federal laws at issue according Saint Louis University School of LawScholarship CommonsAll Faculty ScholarshipFall 2012Statutory Genres: Substance, Procedure, JurisdictionKaren Petro Statutory Genres- Substance Procedure Jurisdiction questions of federal preemption Judges making jurisdictional-characterization decisions should extend the existing doctrinal framework to take into account other consequences of characterization and to allow the analogous handling of federal rules. The U.S. Supreme Court already has most of the res Statutory Genres- Substance Procedure Jurisdictionources it needs to move down these paths. Still,♦Assistant Professor. Saint Lottis University School of Law. Thanks to Ben Barton. Mike Burger. ScottStatutory Genres- Substance Procedure Jurisdiction
Dodson. Marcia McConnkk. Mae Quinn. and Doug Williams for comments on previous drafts of this paper, which were presented at the Second Biennial LiterSaint Louis University School of LawScholarship CommonsAll Faculty ScholarshipFall 2012Statutory Genres: Substance, Procedure, JurisdictionKaren Petro Statutory Genres- Substance Procedure Jurisdictionllozos. Erin McCowan, and Drew Howk for research assistance, and to the Saint Louis University School of Law Summer Scholarship Program for support189A17X1£S 4 PETRƠSKI DOCXn 62012 11 54 AM19VLoyola University Chicago Law Journal[Vol. 44courts and commentators have something to learn from contempora Statutory Genres- Substance Procedure Jurisdictionry theories of discourse genres, which teach that every classificatory decision changes, even if only slightly, the landscape of existing categories.Statutory Genres- Substance Procedure Jurisdiction
For this reason, purely formalist approaches to characterization doctrine—insistence on bright-line rules for distinguishing substantive from procedurSaint Louis University School of LawScholarship CommonsAll Faculty ScholarshipFall 2012Statutory Genres: Substance, Procedure, JurisdictionKaren Petro Statutory Genres- Substance Procedure Jurisdictiontically sound, but also practically necessary for stable, workable law in this area.Table OI ContentsIntroduction..................................................192I.Characterization Type One: The Substantive-Procedural Distinction...................................196A.Development of the Doctrine Statutory Genres- Substance Procedure Jurisdiction: An Overview.............196B.Phase One: Skepticism about Characterization (19381965)................................................. 199c. Phase TwStatutory Genres- Substance Procedure Jurisdiction
o: Resurgence of the REA and CharacterizationAnalysis (1965-1996)..................................204D.Phase Three: The Court Takes Up the Struggle (Saint Louis University School of LawScholarship CommonsAll Faculty ScholarshipFall 2012Statutory Genres: Substance, Procedure, JurisdictionKaren Petro Statutory Genres- Substance Procedure Jurisdiction............213II.Characterization Tate Two: Jurisdictional-Saint Louis University School of LawScholarship CommonsAll Faculty ScholarshipFall 2012Statutory Genres: Substance, Procedure, JurisdictionKaren PetroGọi ngay
Chat zalo
Facebook