Monday, March 27, 2017

For Wednesday--Section C

Monday audio. Essay VI due by 5 p.m. Friday, via email to Donna Yff in the Registrar (yffd@fiu.edu). Make-up from 11 a.m.-1 p.m. on Saturday.

We continue with Diversity. Besides simplicity, why else did the Court consider nerve center a better test? How does that make sense going back to the local-bias purposes behind diversity? How are non-corporate entities treated and why? Review the allegations of diversity jurisdiction in Wal Mart and VOA Was diversity jurisdiction alleged correctly? Why or why not?

We then turn to Federal Question Jurisdiction. Note the Glannon's reading on the difference in meaning of "arising under" between § 1331 and Article III. What are the three purposes behind federal-question jurisdiction, both under Article III and the statutes? How might Congress draft a statute giving "arising under" jurisdiction (consider all the statutes assigned and mentioned in our various complaints)? What is the "Well-Pleaded Complaint" Rule and how does it operate? If 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?