Add to ORKGAlthough some might consider the appellate review of remand orders as something of a jurisdictional backwater, recent developments suggest that the rules need attention. The Supreme Court has decided no fewer than four cases in the past few years and has failed to develop a persuasive framework. Indeed, one member of the Court, Justice Breyer, has invited experts to solve the problem. In this essay, I suggest that the solution lies in the Court\u27s own hands. Rather than proposing legislative or rulemaking solutions, I call on the Court to re-invigorate its supervisory powers and conduct direct review of district court remand orders under the All Writs Act. Such review would allow the Court to address important problems and would fre...
Over the last three decades, the Rehnquist and Roberts Courts have carried out a quiet revolution in...
The scope of appellate jurisdiction after final judgment has long been relatively clear. The scope o...
From time to time, a federal court of appeals may want the Supreme Court to take a case because it i...
Although some might consider the appellate review of remand orders as something of a jurisdictional ...
“Reversed and remanded.” Or “vacated and remanded.” These familiar words, often found at the end of ...
Appellate jurisdiction in the federal system has been properly criticized for both its doctrinal inc...
That the Supreme Court of necessity largely leaves law development to the federal appellate courts, ...
Although the nineteenth century\u27s final judgment rule no longer represents an absolute barrier to...
This Essay provides a brief explanation of § 1367 and §§ 1447(c) and (d) and argues that the Supreme...
Controversies involving the United States Supreme Court generally center on the content of Court’s d...
Under 28 U.S.C. § 1447(c) and (d), as well as Supreme Court precedent, remand orders in removed case...
With judicial reform a matter of intense public debate, it is essential that one understand the poli...
Over the last three decades, the Rehnquist and Roberts Courts have carried out a quiet revolution in...
The federal circuit courts of appeals have generally recognized that a party suffers real hardship w...
In recent decades, the paths from federal district courts to the federal circuit courts of appeals h...
Over the last three decades, the Rehnquist and Roberts Courts have carried out a quiet revolution in...
The scope of appellate jurisdiction after final judgment has long been relatively clear. The scope o...
From time to time, a federal court of appeals may want the Supreme Court to take a case because it i...
Although some might consider the appellate review of remand orders as something of a jurisdictional ...
“Reversed and remanded.” Or “vacated and remanded.” These familiar words, often found at the end of ...
Appellate jurisdiction in the federal system has been properly criticized for both its doctrinal inc...
That the Supreme Court of necessity largely leaves law development to the federal appellate courts, ...
Although the nineteenth century\u27s final judgment rule no longer represents an absolute barrier to...
This Essay provides a brief explanation of § 1367 and §§ 1447(c) and (d) and argues that the Supreme...
Controversies involving the United States Supreme Court generally center on the content of Court’s d...
Under 28 U.S.C. § 1447(c) and (d), as well as Supreme Court precedent, remand orders in removed case...
With judicial reform a matter of intense public debate, it is essential that one understand the poli...
Over the last three decades, the Rehnquist and Roberts Courts have carried out a quiet revolution in...
The federal circuit courts of appeals have generally recognized that a party suffers real hardship w...
In recent decades, the paths from federal district courts to the federal circuit courts of appeals h...
Over the last three decades, the Rehnquist and Roberts Courts have carried out a quiet revolution in...
The scope of appellate jurisdiction after final judgment has long been relatively clear. The scope o...
From time to time, a federal court of appeals may want the Supreme Court to take a case because it i...