Wednesday, March 14, 2018

Lammon on Hall v. Hall

Bryan Lammon has posted on SSRN a draft of his essay, Hall v. Hall: A Lose-Lose Case for Appellate Jurisdiction, which is forthcoming in the Emory Law Journal Online. Here’s the abstract:

In Hall v. Hall, the Supreme Court will decide when parties in consolidated actions can appeal. But the Court has no great options in deciding the case. The Court can adopt a straightforward rule that rule would produce pragmatically unsound results. Or the Court can take a more flexible approach to appeals in this context, but doing so could inject further uncertainty and complexity into this area of the law. This problem is not unique to Hall; it exists when courts decide many issues of federal appellate jurisdiction. But Hall also illustrates the alternative way forward: although it's too late for Hall itself, the issue in Hall is an ideal one for rulemaking. More generally, rulemaking can avoid many of the problems federal courts run into when making rules of appellate jurisdiction.

Federal Courts, Recent Scholarship, Supreme Court Cases | Permalink


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