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Complete Preemption -- Removing the Mystery from Removal |
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Tristin K. Green |
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| 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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Copyright
© 1998 by California Law Review, Inc. |
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