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The Claim-Centered Approach to Arising-Under Jurisdiction: A Brief Rejoinder to Professor Mulligan

4 Pages Posted: 20 Jun 2014  

Simona Grossi

Loyola Law School Los Angeles

Date Written: June 18, 2014

Abstract

This piece offers a response to Professor Mulligan's article, "Gully and the Failure to Stake a 28 U.S.C. § 1331 “Claim,” 89 WASH. L. REV. 441 (2014). Mainly relying on my article, A Modified Theory of the Law of Federal Courts: The Case of Arising Under Jurisdiction, 88 WASH. L. REV. 961, 982 (2013), here I explain, once again, how the bifurcation (or trifurcation) into separate arising-under doctrines that Professor Mulligan suggests has led to a mechanical jurisprudence that is sometimes inconsistent with the fundamental principles that ought to animate §1331 jurisdictional analysis. In my view, Gully v. First National Bank illuminates those fundamental principles by focusing on the role of the federal issue in the case before the court. That does not mean that Gully provides an easy answer for all applications of arising-under jurisdiction; it does mean, however, that Gully points to the fundamental question presented in the jurisdictional analysis.

Suggested Citation

Grossi, Simona, The Claim-Centered Approach to Arising-Under Jurisdiction: A Brief Rejoinder to Professor Mulligan (June 18, 2014). 89 Washington Law Review 487 (2014); Loyola-LA Legal Studies Paper No. 2014-30. Available at SSRN: https://ssrn.com/abstract=2456357

Simona Grossi (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8140 (Phone)
213-380-3769 (Fax)

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