3. The concept of “protective jurisdiction” draws from Osborn’s broad interpretation of Article III and allows a federal court, in the absence of diversity of citizenship, “to hear state law claims, even though the claims themselves neither incorporate an original federal ingredient nor seek to enforce rights conferred by federal law.” Pfander, Protective Jurisdiction, AggregateLitigation, and the Limits of Article III, 95 Calif. L. Rev. 1423 (2007).

Do you agree that there is a constitutional basis for protective jurisdiction? What is the statutory source for this exercise of power? See TEXTILE WORKERS UNION v. LINCOLN MILLS, 353 U.S. 448, 471, 477 S.Ct. 912, 928–29, 1 L.Ed.2d 972, 992 (1957)(Frankfurter, J., dissenting), criticizing the concept of protective jurisdiction.