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A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow
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 …
Rights Require Remedies: A New Approach To The Enforcement Of Rights In The Federal Courts, Donald H. Zeigler
Rights Require Remedies: A New Approach To The Enforcement Of Rights In The Federal Courts, Donald H. Zeigler
Articles & Chapters
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