Catch and Release Jurisdiction | CU Experts

In Catch and Kill Jurisdiction, Professor Zachary Clopton sheds light on an increasingly common phenomenon in which federal courts are expanding the power of the federal judiciary in a way that frustrates the enforcement of substantive rights. In this Essay, I identify and develop three potential responses that may limit catch and kill’s bite. My proposal focuses on one category of catch and kill that is increasingly serving as a foil to important public law litigation—expansive readings of jurisdictional statutes. I examine three common tactics within this category: snap removal, complete preemption, and federal officer removal. I suggest that, in some situations, federalism principles and state law can release cases that have been caught and return them to state courts before they are killed.

VIVO