Codification of Supplemental Jurisdiction: Anatomy of a Legislative Proposal

Abstract:     
The historic nature of congressional action in codifying supplemental jurisdiction in section 1367 calls for a close examination of the legislative process and product. Section I of this Article presents a brief survey of the development of supplemental jurisdiction. Section II examines the history of the legislative process that produced section 1367. Section III contains a preliminary review of judicial decisions under the new supplemental jurisdiction statute. The Article concludes with some editorial remarks regarding the statute and the process by which it became public law.

Number of Pages in PDF File: 58

Keywords: codification, supplemental jurisdiction, Title 28 U.S.C. section 1367, civil procedure, legislation

Accepted Paper Series