Joshua Stillman (Savannah Law School) has posted The Dangers of Hypothetical Statutory Jurisdiction (Even When Jurisdiction Exists) (4 Savannah L. Rev. 129 (2017)) on SSRN. Here is the abstract: Colloquium essay arguing that the Hypothetical Statutory Jurisdiction poses dangers even when federal courts in fact have jurisdiction. Also examines how and whether Hypothetical Statutory Jurisdiction is a legal fiction.
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