1. Some commentators question the Courts interpretation of 28 U.S.C. 1331, pointing to the statutes legislative...

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1. Some commentators question the Court’s interpretation of 28 U.S.C. § 1331, pointing to the statute’s legislative history. See Chemerinsky, Federal Jurisdiction § 5.2 (6th ed. 2011)

(quoting the floor manager of the statute as saying the bill “gives precisely the power which the Constitution confers nothing more, nothing less”). To what extent is statutory jurisdiction under Mottley narrower than the Osborn“ingredient” test for jurisdiction under Article III? If the Mottley test is not constitutionally required, does this mean the Supreme Court has discretion to give the statutory grant a more generous reading?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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