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Article
Jurisdictionality and Bowles v. Russell
Northwestern University Law Review Colloquy (2007)
  • Scott Dodson
Abstract

When is a limitation “jurisdictional,” and when is it not? Litigators encounter these questions all the time in statutory coverage issues, in time limitations, and in a host of other preconditions. They are critical, for jurisdictional limitations are not subject to waiver or equitable exceptions, may be raised at any time, and obligate courts to monitor and raise them sua sponte. In Bowles v. Russell, the Court held that the statutory time limitation for filing a notice of appeal is jurisdictional. This essay critiques Bowles, predicts some of the difficulties that it might cause, and offers a better approach.

Keywords
  • appellate jurisdiction,
  • jurisdiction,
  • jurisdictionality,
  • time to appeal,
  • notice of appeal,
  • 2107,
  • rule 4,
  • frap 4,
  • bowles
Disciplines
Publication Date
August, 2007
Citation Information
Scott Dodson, Jurisdictionality and Bowles v. Russell, 102 Nw. U. L. Rev. Colloquy 42 (2007)