4. Another approach to determining whether a statutory condition is jurisdictional is to ask whether it entitles plaintiff to relief. If it does, then the condition likely pertains to the merits and not to jurisdiction. In MORRISON v. NATIONAL AUSTRALIA BANK LTD., 130 S.Ct. 2869, 177 L.Ed.2d 535 (2010), the Court held that the question of whether a federal securities law regulated activity outside the United States was a “merits question” because the condition of extraterritoriality defines whether conduct is prohibited and entitles plaintiff to relief. Do you see any advantages to applying Arbaugh’s clear-statement approach rather than examining such questions as context and relief?