Wednesday, March 29, 2017

For Saturday make-up--Section C

Wednesday audio. Essay VI due by 5 p.m. Friday to Donna Yff ( Food provided on Saturday.

We continue with Federal Question Jurisdiction. Note the Glannon's reading on the difference in meaning of "arising under" between § 1331 and Article III. WIf the Mottleys cannot sue in federal district court, what should they do? And how do they get a federal forum for any federal issues? Under Mims, what is the core meaning of "arising under" for § 1331 purposes?

We then turn to Supplemental Jurisdiction. Think about the bases for jurisdiction over all the different claims in VOA and Godin.  What is the connection between the joinder standard in the FRCP and the § 1367(a) standard--what are the possible meanings of each and how does it affect joinder? Think about the 4 reasons in (c) that a court could decline supplemental jurisdiction and how each might arise. Parse § 1367(b) and its interpretation in Exxon/Ortega. Again, this is a complicated statute, so spend some time digging into it.