We continue with Arising Under and embedded federal issues. Discuss whether there is jurisidction in Grable, Gunn, and Trump's removal of the Colorado lawsuit invoking § 3 of the Fourteenth Amendment.
Move to Complete Preemption and Customary International Law (you may have covered this material in ICL). What is the "rule against artful pleading" and how is it a counterpart to the rule that plaintiff is master of the complaint? What is complete (or "transformative" preemption), how does it affect jurisdiction, and when does it apply? To what does preemption apply and does the doctrine make sense? Review the Notice of Removal in Rodriguez--what is the preemption argument there? What does § 1350 do according to Sosa and what sorts of claims are possible in federal court?
We then move to the next panel. For tomorrow, know the basics of Ex parte Young (discussed in Pfander). How does EpY allow plaintiffs to assert constitutional rights. Without EpY, how would defendants (such as the railroad) assert constitutional rights?
We then move to Panel # 5 towards the end of class. Prep Three-Judge District Courts. Know the basics of Ex parte Young (discussed in Pfander, pp. 257-62); disregard the Eleventh Amendment piece for now. How does EPY allows plaintiffs to assert constitutional rights; before EPY, how would defendants (such as the railroad) assert their rights?
