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(Constitutional Commentary, 2000)
Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
Logic Without Experience: The Problem of Federal Appellate Courts
(Notre Dame Law Review, 2006)
Conventional wisdom holds that federal jurisdiction is contracting and district court discretion is expanding. This Article argues that the conventional wisdom is wrong, and that the true doctrinal trends do not bode well ...
Judicial Federalism in the Trenches: The Rooker-Feldman Doctrine in Action
(Notre Dame Law Review, 1999)
One little-noticed side effect of the litigation explosion in this country is the exponential growth of federal doctrines designed to simplify complex litigation. Many of these doctrines have been created and applied largely ...