A Further Note on Federal Causes of Action

Abstract

This short work responds to Professor Lou Mulligan's comments on my article, "How the Federal Cause of Action Relates to Rights, Remedies, and Jurisdiction," 67 Fla. L. Rev. 849 (2015). Professor Mulligans comments can be found at "We Should Use 'Cause of Action' More Carefully: A Review of John F. Preis, How the Federal Cause of Action Relates to Rights, Remedies, and Jurisdiction," 67 Fla. L. Rev. F. 42 (2015).

In his comments, Professor Mulligan's argued that (1) federal causes of action are analytically distinct from sovereign immunity and (2) federal causes of action are not generally remedy-specific. In this piece, I first explain in greater detail why federal causes of action are analytically connected with matters of sovereign immunity, and thus why causes of action, contrary to Supreme Court pronouncements, often have jurisdictional implications. I then address the relationship between federal causes of action and remedies and acknowledge that, in some cases, Mulligan is correct that the existence of a cause of action does not portend a specific remedy. In the vast majority of cases, however, the existence of a cause of action will inform, or even dictate, the available remedies.

Keywords: Remedy, jurisdiction, cause of action