Upside down and inside out: appellate review of discretion under the supplemental jurisdiction statute, 28 U.S.C. s. 1367

Article Abstract:

Congress enacted 28 U.S.C. section 1367 in 1990 to codify the common law concepts of pendent and ancillary jurisdiction under a new name, supplemental jurisdiction. This statute gives federal courts the discretion to adjudicate state law claims that spring from a federal cause of action. However, the statute's ambiguous wording appeared to distort the Supreme Court's original standard for this jurisdiction. The district courts have applied the statute inconsistently because of this ambiguity.

Appellate procedure, Appeals (Law), Supplemental jurisdiction

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For Tom Joad and Tom Robinson: the moral obligation to defend the poor

Article Abstract:

Clinical legal education is the best means of teaching law students the importance of providing legal assistance to the poor. The need for social responsibility among lawyers is especially important in a time in which the cultural climate exhibits outright hostility to poor people. Lawyers are obligated to meet their moral obligation of addressing social ills.

Law, Clinical legal education, Legal assistance to the poor, Ethical aspects

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Welcome to California, Tom Joad: an historical perspective on Saenz v. Roe stirring the Privileges or Immunities Clause from its Slaughter-House slumber

Article Abstract:

The author argues that the protection of fundamental rights should be grounded in the Privileges and Immunities Clause of the 14th Amendment. Using the Due Process Clause and the Equal Protection Clause, he contends, allows judges too much power in deciding which rights are "fundamental."

Equality before the law, Equal protection, Protection and preservation, Due process of law, Civil rights

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