Judicial Expansion of Federal Jurisdiction: A Judge's Thoughts on Section 1983, Comity and the Federal Caseload

26 Pages Posted: 7 May 2009 Last revised: 30 Jun 2009

See all articles by Ruggero J. Aldisert

Ruggero J. Aldisert

United States Court of Appeals for the Third Circuit

Date Written: 1973

Abstract

The burgeoning federal case load has focused public and professional attention upon the need to better allocate judicial resources. Recent Supreme Court decisions have greatly extended the reach of 42 U.S.C. section 1983, arguably at the expense of judicial economy and established notions of federalism. State prisoners' claims brought under section 1983 have particularly aggravated the problems generated by ever-expanding dockets. At a time when sound judicial management should place a premium upon requiring the exhaustion of state remedies and upon the utilization of state courts to resolve matters that would otherwise be cognizable in federal courts, Supreme Court decisions have displayed precisely the opposite tendency. In this article, Judge Aldisert turns a critical eye towards the implications of these recent developments and suggests that fundamental reforms are in order.

PDF scan posted with permission of the Arizona State Law Journal.

Keywords: federal courts, courts, judiciary, judicial process, jurisdiction, federal jurisdiction, comity, section 1983, civil rights, federal caseload, federalism, judicial economy, judicial reform, Aldisert

Suggested Citation

Aldisert, Ruggero J., Judicial Expansion of Federal Jurisdiction: A Judge's Thoughts on Section 1983, Comity and the Federal Caseload (1973). Arizona State Law Journal, Vol. 1973, No. 557, 1973, Available at SSRN: https://ssrn.com/abstract=1400904

Ruggero J. Aldisert (Contact Author)

United States Court of Appeals for the Third Circuit ( email )

601 Market Street
Philadelphia, PA
United States

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