JURISDICTION STRIPPING CIRCA 2020: WHAT THE DIALOGUE (STILL) HAS TO TEACH US

Since its publication in 1953, Henry Hart’s famous article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, subsequently referred to as simply “The Dialogue,” has served as the leading scholarly treatment of congressional control over the federal courts....

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Bibliographic Details
Published in:Duke law journal 2019-10, Vol.69 (1), p.1-70
Main Author: Monaghan, Henry P.
Format: Article
Language:English
Subjects:
Analysis
Dialectic
Dialogues
Federal courts
Federal jurisdiction
Judicial review of administrative acts
Jurisdiction
Remedies (Law)
Right of property
United States. Supreme Court
Online Access:Get full text
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Summary:Since its publication in 1953, Henry Hart’s famous article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, subsequently referred to as simply “The Dialogue,” has served as the leading scholarly treatment of congressional control over the federal courts. Now in its seventh decade, much has changed since Hart first wrote. This Article examines what lessons The Dialogue still holds for its readers circa 2020.
ISSN:0012-7086
1939-9111