Jurisdiction and Its Effects
Citation: 105 Geo L.J. (2017)
Jurisdiction is experiencing an identity crisis. The Supreme Court has given jurisdiction three different identities: jurisdiction as power, jurisdiction as defined effects, and jurisdiction as positive law. These identities are at war with each other, and each is unsustainable on its own. The result has been a breakdown in the application of the basic question of what is jurisdictional and what is not.