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John F. Preis

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In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis Feb 2013

In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis

John F. Preis

If Congress has neither authorized nor prohibited a suit to enforce the Constitution, may the federal courts create one nonetheless? At present, the answer mostly turns on the form of relief sought: if the plaintiff seeks damages, the Supreme Court will normally refuse relief unless Congress has specifically authorized it; in contrast, if the plaintiff seeks an injunction, the Court will refuse relief only if Congress has specifi- cally barred it. These contradictory approaches naturally invite arguments for reform. Two common arguments—one based on the historical relationship between law and equity and the other based on separation of powers principles—could …

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Reassessing The Purposes Of Federal Question Jurisdiction, John F. Preis Jan 2007

Reassessing The Purposes Of Federal Question Jurisdiction, John F. Preis

John F. Preis

For ages, judges and legal academics have claimed that federal question jurisdiction has three purposes: to provide litigants with a judge experienced in federal law, to protect litigants from state court hostility toward federal claims and to preserve uniformity in federal law. Because federal claims, for the most part, have always been cognizable in state courts, these purposes imply that state courts are less experienced, more hostile, and will adjudicate federal law in ways that decrease the uniformity of federal law. Despite the ongoing allegiance to this conception of federal question jurisdiction—and by implication, state court adjudication of federal questions—one …

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