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Federal Jurisdiction

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Title: Federal Jurisdiction
Author: Baker, Thomas E.
Abstract: In this article, Professor Baker examines several Fifth Circuit cases dealing with the issue of federal jurisdiction during the survey period of July 1, 1983, to June 30, 1984. Because federal courts are courts of limited jurisdiction, there are only certain types of cases a federal court may decide. In the first section of the article, Professor Baker explains that his task is to inform the reader of general survey developments in the area of federal jurisdiction during the survey period. Section two discusses the judicial power of the United States, focusing on the areas of pendent jurisdiction, standing, and mootness. Section three discusses cases dealing with general federal question jurisdiction and civil rights jurisdiction. Section four discusses cases dealing with diversity jurisdiction. The discussion includes general issues in diversity jurisdiction, a discussion of section 1359 of the Unites States Code specifically, and the Erie Doctrine. The fifth and final section discusses cases dealing with federalism issues, or the relationship between the federal and state governments. In this section, Professor Baker analyzes issues of sovereign immunity, abstention, and habeas corpus. The leitmotif of the article is the process by which the Fifth Circuit has determined whether a piece of litigation appropriately belongs in or out of the federal court.
Related Resources: Click to follow Hein Online link
Date: 1985

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