Scott Dodson (University of Arkansas – School of Law) has posted Jurisdictionality and Bowles V. Russell (102 Northwestern University Law Review Colloquy 42 (2007)) on SSRN. Here is the 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. The question is important, 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 that decision, suggests a better approach, and previews some of the difficulties that the decision may cause for the future.