An Incomplete Discussion of 'Arising Under' Jurisdiction

18 Pages Posted: 13 Sep 2016

Date Written: August 2, 2016

Abstract

This essay, a contribution to a Symposium in honor of Professor Daniel Meltzer, focuses on one aspect of federal question jurisdiction – cases in which a question of federal law is “embedded” in a state law cause of action. The essay deals primarily with these cases as they come to the Supreme Court on request for review of a state court decision, but also addresses cases that arise when a party invokes the original or removal jurisdiction of a federal district court. The questions whether and to what extent such cases fall within the constitutional and statutory authority of the federal courts are considered in the historical context of the evolution of Supreme Court decisions, and the interplay of the views over several decades of the author, of Professor Meltzer, and of seven editions of Hart & Wechsler’s “The Federal Courts and the Federal System.”

Suggested Citation

Shapiro, David L., An Incomplete Discussion of 'Arising Under' Jurisdiction (August 2, 2016). Notre Dame Law Review, Vol. 91, No. 1931, 2016, Available at SSRN: https://ssrn.com/abstract=2838390

David L. Shapiro (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States
617-495-4618 (Phone)
617-496-4880 (Fax)

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