Congress, the Federal Courts, and Forum Non Conveniens: Friction on the Frontier of the Inherent Power
61 Pages Posted: 6 Sep 2006
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Congress, the Federal Courts and Forum Non Conveniens: Friction on the Frontier of the Inherent Power
Abstract
For many years the federal judiciary has treated forum non conveniens as a housekeeping rule for the federal court system. If indeed this is correct, the federal house is in need of a serious spring cleaning. Circuit splits abound, the standards used and the evidence required for forum non conveniens dismissals vary widely among the district courts, and reverse forum shopping through removal and transfer is commonplace. The problem, however, goes beyond a little clutter. Closer inspection reveals that the very foundation upon which the doctrine rests is unstable. Though built upon the inherent authority of Article III, federal forum non conveniens lies in the area over which Congress may exercise plenary power. Time has changed the congressional landscape: the base upon which the forum non conveniens dismissal structure rests has eroded away, leaving the federal courts in congressionally occupied territory without constitutional support.
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