No Welcome Mat, No Problem?: Federal-Question Jurisdiction after Grable
For nearly 20 years, the Supreme Court’s federal-question jurisprudence was muddied after the Court’s decision in Merrell-Dow. Last term, the Court issued a much-needed clarification in Grable. But that clarification needs clarification. In this Article, Professor Ryan endeavors to provide a candid synthesis of what the law is after Grable. While this area is rich with debate about what the law should be, a candid post-Grable synthesis is needed both to guide courts and to provide a common ground for these debates. Even such a modest task, however, is formidable. Federal-question jurisdiction is not a concept that can be viewed without its historical and theoretical underpinnings. And a bald reading of Grable does not reveal the nuances that exist, as many years of precedent have been synthesized into a new test. Professor Ryan traces the evolution of the meaning of the words “arising under” in the federal-question statute up to and through Grable and analyzes the new test in light of history, evolution, and policy.
Date of this Version
Rory M. Ryan, "No Welcome Mat, No Problem?: Federal-Question Jurisdiction after Grable" (January 26, 2006). bepress Legal Series. bepress Legal Series.Working Paper 917.