Monday, March 3, 2008

More Than a Legal Nicety: Why the Forum Defendant Rule of 28 U.S.C. Section 1441(b) is Jurisdictional

Brian W. Portugal, Note, More Than a Legal Nicety: Why the Forum Defendant Rule of 28 U.S.C. Section 1441(b) is Jurisdictional, 56 Baylor L. Rev. 1019 (2004)

Points out that SMJ is a constitutionally based doctrine, but then only performs a statutory interpretation analysis to determine whether the forum defendant rule should be considered constitutional. It thus isn't that interesting for me except as an example of "yet another jurisdictionality paper".

(Cited in a petition for a writ of cert. in a forum defendant case! (Writ denied.))

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