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New York Law School

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Jurisdiction

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Full-Text Articles in Law

A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow Jan 2009

A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow

Articles & Chapters

In Indianapolis v. Chase National Bank, 1941, the Supreme Court established the doctrine of realignment, requiring federal courts to examine the issues in dispute and realign each party as plaintiff or defendant if necessary. Due to the complete diversity requirement, realignment gave the federal courts the ability to both create and destroy diversity jurisdiction. Since 1941, the federal courts have struggled to interpret the central holding in Indianapolis, and have created several competing "tests" for realignment. This confusion has made the doctrine of realignment unworkable. Realignment-along with each of the present tests-encourages jurisdictional abuses by forcing the federal courts to …


Book Review Of Reclaiming The Federal Courts, By Larry W. Yackle., Edward A. Purcell Jr. Jan 1997

Book Review Of Reclaiming The Federal Courts, By Larry W. Yackle., Edward A. Purcell Jr.

Other Publications

No abstract provided.


State Crime In The Federal Forum, Roger J. Miner '56 Jan 1990

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.