We move to District Courts; prep Structure, Overview, Removal, and Arising Under: Arising Under (just Chemerinsky 305-18 and Pfander 133-44; and all the assigned statutes). Add Chemerinsky, 842-53.
How are the district courts organized? Why do federal courts have federal-question jurisdiction-what are the three policies behind it? What is the process for removal? What is the Well-Pleaded Complaint Rule, what are the arguments for and against it, and how does it limit jurisdiction? How do cases governed by the WPC get a federal forum for federal issues? What does "arising under" mean for Article III, § 1257, and § 1331 purposes? Why give district courts "arising under" jurisdiction? What are the three types of statutes through which Congress gives district courts "arising under" jurisdiction (based on §§ 1331, 1337, 1338, 1121, and 2000e-5(f))? Know the facts and procedure of Mottley and how that affected jurisdiction.
For the removal section, current events require broader discussion of federal-officer removal under § 1442. Why allow federal officials (or those they supervise) to remove? Read Mark Meadows' (former Trump chief of staff) notice of removal under § 1442 of the Georgia RICO prosecution and skim the order remanding. See also 28 U.S.C. § 1455.
