The Scope of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before and After Swint

J Steinman - Hastings LJ, 1997 - HeinOnline
Federal courts of appeals usually review district court orders only after the entry of final
judgment. There are, however, a number of statutory exceptions to the final judgment rule …

Finality, Appealability, and the Scope of Interlocutory Review

B Lammon - Wash. L. Rev., 2018 - HeinOnline
Most of the law of federal appellate jurisdiction comes from judicial interpretations of 28 USC
§ 1291. That statute gives the courts of appeals jurisdiction over only" final decisions" of the …

Rules, Standards, and Experimentation in Appellate Jurisdiction

B Lammon - Ohio St. LJ, 2013 - HeinOnline
The United States courts of appeals generally have jurisdiction over only" final decisions" by
a district court.'Most litigants must therefore wait until the end of proceedings in the district …

Toward a Unified Theory of the Jurisdiction of the United States Courts of Appeals

TE Baker - DePaul L. Rev., 1989 - HeinOnline
A unified theory is one which explains a phenomenon once and for all. A grand unified
theory of the universe, for example, would explain its origin and its end, and everything in …

The proper scope of pendent appellate jurisdiction in the collateral order context

RA Kanji - Yale LJ, 1990 - HeinOnline
Appellate review of federal district court orders typically requires that the lower court first
enter a final judgment in the proceeding to which those rulings pertain. The collateral order …

Rules 58 and 79 (a) of the Federal Rules of Civil Procedure: Appellate Jurisdiction and the Separate Judgment and Docket Entry Requirements

M Zachary - NYL Sch. L. Rev., 1995 - HeinOnline
This article addresses two issues of federal appellate jurisdiction: whether a court of appeals
has jurisdiction over an appeal (a) where the district court failed to file a separate judgment …

Jurisdiction in the Texas Supreme Court and Courts of Civil Appeals

JB Sales, JW Cliff - Baylor L. Rev., 1974 - HeinOnline
Except for a review of the subject over a decade ago in APPELLATE PROCEDURES IN
TEXAS,'the jurisdiction of the Texas Supreme Court and Courts of Civil Appeals remains a …

Reinventing Appellate Jurisdiction

AN Steinman - BCL Rev., 2007 - HeinOnline
Appellate jurisdiction in the federal system has been properly criticized for both its doctrinal
incoherence and its procedural complexity. Although these critiques are well-founded, this …

The Primary Jurisdiction Doctrine: Competing Standards of Appellate Review

AJ Lockwood - Wash. & Lee L. Rev., 2007 - HeinOnline
Within constitutional limits, Congress may create administrative agencies with adjudicatory
power.'Congress may also define the jurisdiction of Article III courts. 2 As a result, Congress …

District Courts of Appeal: Courts of Final Jurisdiction with Two New Responsibilities--An Expanded Power to Certify Questions and Authority to Sit En Banc

BF Overton - U. Fla. L. Rev., 1983 - HeinOnline
This article will address two important new responsibilities of the district courts of appeal
under the 1980 amendment to article V, section 3, of the Florida Constitution and the new …