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https://doi.org/10.31228/osf.i...
Article . 2017 . Peer-reviewed
Data sources: Crossref
Open Science Framework
Preprint . 2017
Data sources: Datacite
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How the Federal Cause of Action Relates to Rights, Remedies, and Jurisdiction

Authors: Cornell Law Library; John F. Preis;

How the Federal Cause of Action Relates to Rights, Remedies, and Jurisdiction

Abstract

Time and again, the U.S. Supreme Court has declared that the federal cause of action is "analytically distinct" from rights, remedies, and jurisdiction. Yet, just pages away in the U.S. Reports are other cases in which rights, remedies, and jurisdiction all hinge on the existence of a cause of action. What, then, is the proper relationship between these concepts?The goal of this Article is to articulate that relationship. This Article traces the history of the cause of action from eighteenth-century England to its modem usage in the federal courts. This history demonstrates that the federal cause of action is largely distinct from rights, closely related to (and sometimes synonymous with) remedies, and distinct from jurisdiction except where Congress instructs otherwise or the case implicates sovereign immunity. Sorting out these relationships provides several benefits, including refining the doctrine of prudential standing, clarifying the grounds for federal jurisdiction, and dispelling claims that Congress lacks power over certain causes of action.

Keywords

bepress|Law|Legal Remedies, bepress|Law|Legal History, bepress|Law|Courts, FOS: Law, LawArXiv|Law|Courts, LawArXiv|Law, Legal History, bepress|Law, Courts, Legal Remedies, LawArXiv|Law|Legal Remedies, LawArXiv|Law|Legal History, Law

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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!
0
Average
Average
Average
bronze
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