Home Home Home Home Home
HomeContentSubmissionsMembershipGeneral
Currently in Print:
Vol. 99, June 2013, Issue 4
Constitutional Privileging
by Michael Coenen
A Constitutional Theory of Habeas Power
by Lee B. Kovarsky
The Dark Side of Town: The Social Capital Revolution in Residential Property Law
by Stephanie M. Stern
The Principal Problem: Towards a More Limited Role for Fiduciary Law in the Nonprofit Sector
by Natalie Brown
In Brief:
Recently Published Items
Noel Canning v. NLRB - Enforcing Basic Constitutional Limits On Presidential Power
Essay by Noel J. Francisco and James M. Burnham

Unequal Treatment of Religious Exercises Under RFRA: Explaining the Outliers in the HHS Mandate Cases
Essay by Mark Rienzi

Protecting Same-Sex Marriage and Religious Liberty
Essay by Douglas Laycock and Thomas C. Berg

[More]
Announcements
Notes Accepted from the May 2013 Notes Pool

Virginia Law Review Announces Centennial Campaign

May Notes Pool Announcement

[More]

Email Updates
Join Our Mailing List
Quick Links
Submit to In Brief

Forthcoming

Archive

Subscriptions

Advertisements

Customer Service

Short-Article Policy

Masthead

Contact Information
Virginia Law Review Association
580 Massie Road
Charlottesville, VA 22903-1789

Phone: 434-924-3079
Fax: 434-982-2818
E-Mail: lawrev@virginia.edu

Contact Valerie Listorti

Clear Rules—Not Necessarily Simple or Accessible Ones  Response
May 2, 2011

IN The Complexity of Jurisdictional Clarity, Professor Dodson argues that the traditional call for clear and simple rules über alles in subject matter jurisdiction is misplaced.1 With his typical aplomb, Dodson disentangles the concept of clarity from the analytically distinct, though often conflated, debates over rules versus standards and mandates versus discretion. He critically examines the many difficulties that render the creation of clear and simple jurisdictional rules utopian. And he tallies the traditionally uncounted costs of jurisdictional clarity. Dodson's piece is perceptive, challenging, and thought provoking.

In this response essay, I begin by arguing that Dodson, while offering many valuable insights, does not adequately distinguish between the separate notions of simplicity, clarity, and accessibility. Second, I note that crafting a clarity-enhancing rule, even if complex and inaccessible, may be a more promising endeavor than the search for a regime that is at once clear, simple, and accessible. In the third section, I contend that a focus on clarity in isolation, in lieu of simplicity or accessibility, both furthers Dodson's project of illustrating that the value of clarity is often a false idol and reveals the inherently empirical nature of the question. I close by noting that although Dodson's piece importantly demonstrates that jurisdictional clarity comes at a cost, his inability to resolve these underlying empirical questions makes it unlikely that he will quiet those advocating clarity-based jurisdictional reform.

[More]