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Full-Text Articles in Supreme Court of the United States

28 U.S.C. § 1331 Jurisdiction In The Roberts Court: A Rights-Inclusive Approach, Lumen N. Mulligan Jan 2022

28 U.S.C. § 1331 Jurisdiction In The Roberts Court: A Rights-Inclusive Approach, Lumen N. Mulligan

Faculty Works

In this symposium piece, I argue that the Roberts Court, whether intentionally or not, is crafting a 28 U.S.C. § 1331 doctrine that is more solicitous of congressional control than the Supreme Court’s past body of jurisdictional law. Further, I contend that this movement toward greater congressional control is a positive step for the court. In making this argument, I review the foundations of the famous Holmes test for taking § 1331 jurisdiction and the legal positivist roots for that view. I discuss the six key Roberts Court cases that demonstrate a movement away from a simple Holmes test and …


Dynamism In U.S. Pleading Standards: Rules, Interpretation, And Implementation, Jeffrey E. Thomas Jan 2016

Dynamism In U.S. Pleading Standards: Rules, Interpretation, And Implementation, Jeffrey E. Thomas

Book Chapters

No abstract provided.


Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski Jan 2016

Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski

Faculty Works

No abstract provided.