This seminar will explore the statutory and constitutional rules governing the federal courts? jurisdiction in cases involving questions of federal law. The goal of the course will be to paint a rich picture of whether and how the state and federal courts differ from one another and to explore the ramifications of competing conceptions of the federal courts for the establishment of jurisdictional policy. Our study of statutory federal question jurisdiction will focus on the ?parity hypothesis,? which posits that state and federal courts are more or less fungible when it comes to the interpretation of federal law. Our study of the relevant constitutional rules will focus on whether Congress ought to have power to confer jurisdiction on the federal courts in cases that fall outside the limits enumerated in Article III, ? 2 of the Constitution.
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