Sunday, September 11, 2016

House to Explore Expanding Diversity Jurisdiction

The House Judiciary Committee, Subcommittee on the Constitution and Civil Justice, will hold a hearing on Tuesday, September 13 at 11:00 a.m. on "Exploring Federal Diversity Jurisdiction."

Witnesses:

  • Mr. Charles Cooper, Partner, Cooper & Kirk, PLLC
  • Ms. Joanna Shepherd, Professor of Law, Emory Law School
  • Mr. Ronald Weich, Professor of Law, University of Baltimore

In 2014, Mr. Cooper co-authored an article, Complete Diversity and the Closing of the Federal Courts, which argued for minimal diversity as the jurisdictional standard and was published in the Harvard Journal of Law & Public Policy, a forum for conservative scholarship.

In 2015, Professor Shepherd published a study conducted for the National Association of Manufacturers entitled Estimating the Impact of a Minimal Diversity Standard on Federal Court Caseloads, which concluded:

This study shows that concerns of diversity jurisdiction burdening the federal courts are largely unfounded. Empirical analysis of almost 3,600 complaints filed in state court shows that replacing complete diversity with a minimal diversity standard would increase existing federal district court caseloads by less than 8 percent. Distributed evenly over existing federal judgeships, this caseload increase translates into an additional 43 cases per year for each judgeship.

Ronald Weich is the dean of University of Baltimore College of Law. 

Hat tip: Altom Maglio.

 

http://lawprofessors.typepad.com/civpro/2016/09/house-to-explore-expanding-diversity-jurisdiction.html

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