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Article
Jurisdictional Implications in the Reduced Funding of Lower Federal Courts
Review of Litigation
  • James P. George, Texas A&M University School of Law
Document Type
Article
Publication Date
1-2006
ISSN
0734-4015
Abstract

This article argues two related propositions. First, if Congress were to eliminate all funding for lower federal courts, its constitutional authority to regulate those courts would become as meaningless as the empty courthouses. Second, Congress breaches its duty to furnish a forum at a point short of full defunding, and with that breach, Congress's regulatory power over private civil disputes otherwise litigable in state courts--preempted and removable state law claims--becomes constitutionally invalid. The first fact setting of full defunding is hypothetical; the second has been underway for several years.

Publisher
University of Texas School of Law
Disciplines
Citation Information
James P. George. "Jurisdictional Implications in the Reduced Funding of Lower Federal Courts" Review of Litigation Vol. 25 Iss. 1 (2006) p. 1 - 77
Available at: http://works.bepress.com/james_george/19/