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Complete Preemption. Removing the Mystery from Removal

Authors: Green, Tristin K.;

Complete Preemption. Removing the Mystery from Removal

Abstract

The American Law Institute has begun a project to address the principles of our jurisdictional system, the implications of which are powerful and far-reaching. Our dual system of federal and state courts inevitably leads to forum questions that can radically alter, or even determine, the outcome of a dispute. Because jurisdiction serves as the initial door to legal relief it must rest on a coherent framework of principles and rules if justice is to prevail. Not unlike its efforts in 1969, the ALI will propose a set of jurisdictional principles through amendments to our current statutes. In doing so, it will come across the convoluted doctrine of federal question removal based on complete preemption. This Comment addresses the confusion surrounding the doctrine and proposes that preemption should serve as the basis for removal only for those claims for which Congress has created federal law that both preempts state law and provides a parallel cause of action.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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