Curriculum

Strategic Applications of Federal Jurisdiction Seminar

Credits: 2.00
Faculty:

Prerequisite: Civil Procedure

This is an advanced seminar in civil procedure. Students explore general considerations that lawyers use in determining where and how to bring their cases, "legitimate" methods of forum shopping and its illegitimate cousin, forum manipulation, particular federal statutes and rules that allow or encourage those decisions, jurisdictionally-tactical joinder or exclusion of parties and claims, the limits of using federal statutes to "dress up" what would otherwise be state law claims, structuring cases to avoid or exploit multi-district and international litigation, the use of anti-suit injunctions, removal strategy, and many other related issues. Although this should be considered a procedural course, the students will learn much substantive federal law in the process, as it is often necessary to fully understand the federal substantive law to take procedural advantage of it. (For example, to determine whether to bring a state law fraud claim in state court or a RICO claim in federal court, one must understand the limits of RICO).

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam or take-home exam.