Monday audio. Court of Appeals papers due at the beginning of class. Correction on that make-up class: It will be Monday, October 21, not October 14. If a statute is listed as being on the blog, make sure you go to that version for class; the appendices in both books are incomplete or out-of-date, hence the additional provisions.
Prep Arising Under: Arising Under and Complete Preemption. What is the core meaning of "arising under" for Holmes and as expounded in Mims? What is the argument for that narrowest meaning and what is the argument for expanding it in Grable and Gunn? What is the test in Grable and Gunn and why is there jurisdiction (or not) in those cases? How are Grable and Gunn different from Mottley?
What does "jurisdiction" mean, what does "merits" mean, why the difference, and why does that distinction matter? As another example: Consider that Title VII defines employers (who cannot discriminate) as persons doing business in interstate commerce with 15 or more employees; it defines aggrieved persons (who can sue under the statute) as employees, but not independent contractors. An independent contractor working for a company with 10 employees brings a Title VII action; what is the defect in the case?
What is complete preemption? How does preemption ordinarily work in litigation? How is complete preemption different?
