The Dubious Concept of Jurisdiction

Evan Tsen Lee, The Dubious Concept of Jurisdiction, 54 Hastings L.J. 1613 (2003)

I think this was interesting, and it might even be correct as far as it goes, but "as far as it goes" doesn't seem to reach the Constitution -- Lee argues that jurisdictionality should be determined by policy and equity, not by abstract labels and appeals to the "nature" of the concept of jurisdiction. The argument thus harks back to some of the great pieces from MLP, like Hohfeld or Llewellyn. Thus it isn't clear what direct relevance this paper has. Perhaps as part of the Dodson / Wasserman series of articles that are obsessed with jurisdiction, but not the constitutional aspect, only the "Congress limiting the courts" aspect.