April 23, 2005

Studying jurisdiction...

Like some other people I know, I should be studying Jurisdiction and Choice of Law. Michigan is kind of anomalous, in that these topics are broken out of civil procedure and taught as an upperclass course.

My favorite parts of the course all involve the interplay between federal and state courts. I'm less enamored of the material on interstate choice of law, which often seems to me like a big mushy blob of mumbo-jumbo compared with the often subtle and sometimes indeterminate but consistently exciting issues of removal, preemption, and 1331 subject-matter jurisdiction.

Maybe it's just an esthetic preference. Something about the impact of Merrell Dow on the "necessary construction" prong of the test for federal subject matter jurisdiction just seems more esthetically engaging than arguments about whether Minnesota can apply its law to a car crash between two residents of Wisconsin.

I never did much like Elvis Costello's music much, either. Go figure.

Anyway, the sad part is that I probably need to spend more of my time studying the things that I'm least interested in. I'm sure I don't know those things as well. Life is really not fair. So back to interest-analyis, the 2d Restatement, and comparative impairment I go...

Posted by Carey at April 23, 2005 10:20 PM

Here's a fun question on removal that wasn't brought up in class. There's a 30 day window from the time of service, after which removal is improper. There is also a unaminity requirement. What happens in the case of multiple defendants served at different times? When does the clock start running? I ask this because I had to research this issue last summer. BTW, the circuits are split. There are 3 possibilities depending on the circuit you're in.

Posted by: Ming at April 23, 2005 10:45 PM

I thought your favorite part of the class was the company by which you sit.

Posted by: Jkrasch at April 24, 2005 08:44 AM

You'll love Fed Courts!

Posted by: Jodasm at April 26, 2005 11:23 AM