Monday, March 20, 2017

For Wednesday--Section A

Monday audio. Prelim Exam posted earlier; due at the beginning of class on Monday. Essay VI will be posted on Friday, due at the beginning of class next Wednesday, March 29.

We continue with Diversity Jurisdiction. In addition to the cases assigned, download Americold from the blog. Consider who domicile is determined for all types of business corporations. What is the "Nerve Center" and why did the Hertz Court adopt that as the definition of principal place of business? Look at the jurisdictional statements in the complaints in Morgan and VOA; are there problems with the way either alleged diversity jurisdiction? Break down the jurisdiction problems in Belleville and Zambelli. Review FRCP 19(a) and (b). What can/should happen when a party in the case destroys complete diversity?

We then turn to Federal Question Jurisdiction. For Wednesday, read the statutory provisions, Mottley, and the assigned portions in Glannon; note Glannon's discussion of the different meaning of "arising under" for § 1331 and Article III. What is the purpose of "arising under" federal question jurisdiction? What is the "Well-Pleaded Complaint" Rule and how does it operate?

Finally, note that we will not have class on Friday, April 14. We will do an advance make-up in a double session on Friday, March 31 (a week from this Friday).