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Congressional Obligation to Provide a Forum: Discriminatory Jurisdictional Rules and the Conflict of Laws (with Stefan Underhill), 69 Virginia Law Review 819 (1983)


Irecent sessions of Congress, opponents of an "activist" judiciary
have attempted to divert from federal courts issues such as
abortion, school busing, and school prayer. The proposals to exclude
these constitutional issues from federal courts have stirred
great interest in the theory of federal court jurisdiction1 because
the proposals seem to threaten the continued existence of controversial
rights. The prospect of exploring the limits of congressional
power to control federal court jurisdiction is especially because the issue is guided by few judicial precedents and because
jurisdictional questions are peculiarly vulnerable to clever and manipulative
legal logic.

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