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Clear Rules—Not Necessarily Simple or Accessible Ones
dc.contributor.author | Mulligan, Lumen N. | |
dc.date.accessioned | 2011-05-02T22:41:09Z | |
dc.date.available | 2011-05-02T22:41:09Z | |
dc.date.issued | 2011-05-11 | |
dc.identifier.citation | Lumen N. Mulligan, Clear Rules—Not Necessarily Simple or Accessible Ones, 97 Virginia Law Review In Brief 13-22 (2011). | |
dc.identifier.uri | http://hdl.handle.net/1808/7455 | |
dc.description.abstract | In The Complexity of Jurisdictional Clarity, 97 VA. L. REV. 1 (2011), Professor Dodson argues that the traditional call for clear and simple rules über alles in subject matter jurisdiction is misplaced. In this response essay, I begin by arguing that Dodson, while offering many valuable insights, does not adequately distinguish between the separate notions of simplicity, clarity, and accessibility. Second, I note that crafting a clarity enhancing rule, even if complex and inaccessible, may be a more promising endeavor than the search for a regime that is at once clear, simple and accessible. In the third section, I contend that a focus on clarity in isolation, in lieu of simplicity or accessibility, both furthers Dodson’s project of illustrating that the value of clarity is often a false idol and reveals the inherently empirical nature of the question. I close by noting that although Dodson’s piece importantly demonstrates that jurisdictional clarity comes at a cost, his inability to resolve these underlying empirical questions makes it unlikely that he will quiet those advocating clarity-based jurisdictional reform. | |
dc.language.iso | en_US | |
dc.publisher | University of Virginia | |
dc.relation.hasversion | http://ssrn.com/abstract=1829562 | |
dc.subject | Jurisdiction | |
dc.subject | Subject matter jurisdiction | |
dc.subject | Jurisdictional rules | |
dc.subject | Federal courts | |
dc.subject | Civil procedure | |
dc.subject | Legal reform | |
dc.subject | Legal complexity | |
dc.title | Clear Rules—Not Necessarily Simple or Accessible Ones | |
dc.type | Article | |
kusw.kuauthor | Mulligan, Lumen N. | |
kusw.kudepartment | Law | |
kusw.oastatus | fullparticipation | |
kusw.oaversion | Scholarly/refereed, publisher version | |
kusw.oapolicy | This item meets KU Open Access policy criteria. | |
dc.rights.accessrights | openAccess |