Howard M. Wasserman (Florida International University – College of Law) has posted Jurisdiction, Merits, and Procedure: Thoughts on Dodson’s Trichotomy (Northwestern University Law Review, Vol. 102, No. 3, 2008) on SSRN. Here is the abstract:
In In Search of Removal Jurisdiction, in NORTHWESTERN UNIVERSITY LAW REVIEW, Scott Dodson attempts to delineate appropriate boundaries between rules of subject matter jurisdiction and rules of judicial procedure, in the context of removal time limits. My recent work, on the other hand, has sought to define, clearly and cleanly, distinct boundaries between subject matter jurisdiction and the substantive merits of federal claims of right. Dodson argues that we must develop a "broader understanding of the interrelationship and boundaries among the trichotomy of jurisdiction, procedure, and merits." I agree and this essay is an initial move towards that understanding. It examines each pair in the conceptual triangle and considers the connections among each pair and how to distinguish and disentangle each pair of concepts.