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Congressional Obligation to Provide a Forum: Discriminatory Jurisdictional Rules and the Conflict of Laws
Brilmayer, Lea Underhil, Stefan
Brilmayer, Lea
Underhil, Stefan
Abstract
Irecent sessions of Congress, opponents of an "activist" judiciary have attempted to divert from federal courts issues such as abortion, school busing, and school prayer. The proposals to exclude these constitutional issues from federal courts have stirred great interest in the theory of federal court jurisdiction because the proposals seem to threaten the continued existence of controversial rights. The prospect of exploring the limits of congressional power to control federal court jurisdiction is especially because the issue is guided by few judicial precedents and because jurisdictional questions are peculiarly vulnerable to clever and manipulative legal logic.