[Download] "Mandatory Rules. (Nonjurisdictional State Sovereign Immunity)" by Stanford Law School # eBook PDF Kindle ePub Free
eBook details
- Title: Mandatory Rules. (Nonjurisdictional State Sovereign Immunity)
- Author : Stanford Law School
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 330 KB
Description
INTRODUCTION How does one determine whether a particular rule is jurisdictional or not? Over the last few years, the Court has focused on this question. Since 2004, the Court has determined that Bankruptcy Rule 4004, which gives a Chapter 7 creditor sixty days after the first creditors' meeting to object to debtor discharge, (1) is nonjurisdictional; (2) that Federal Rule of Criminal Procedure 33(b)(2), which sets a time limit to file a motion for a new trial, (3) is nonjurisdictional; (4) that Title VII's "employee-numerosity requirement" (5) is a nonjurisdictional element of the claim; (6) and that the time limit to extend the filing of a notice of appeal in a civil lawsuit (7) is jurisdictional. (8) And, just a few months ago, the Court decided that the six-year statute of limitations in the Tucker Act is a quasi-jurisdictional bar to suit. (9)