Dane
Examines fundamental questions about the idea of "jurisdiction" in the law. The course
asks how questions of judicial jurisdiction differ from other sorts of legal questions, and what the
consequences of those differences might be. Specific topics include the varying criteria for
identifying which legal rules are jurisdictional, the direct and collateral authority of judicial
decisions rendered in the absence of jurisdiction, the threshold character (or not) of jurisdictional
issues, the possibility of "jurisdiction to determine jurisdiction, waiver of jurisdictional bars,
attitudes to the interpretation of jurisdictional statutes, the special problems posed when
jurisdictional questions overlap with questions on the merits, distinctions between courts of
inferior and superior jurisdiction and between courts of general and limited jurisdiction, notions
of "inherent" and "hypothetical" jurisdiction, judicial immunity, jurisdictional facts and the
preclusive effect of factual determinations made in dismissals for lack of jurisdiction, habeas
corpus as a jurisdictional doctrine or not, the use of jurisdictional concepts in administrative law,
and the doctrine of "jurisdictional time limits."
