Title: The 'Technicalities' of Edge Act Jurisdiction: Advocating for the Federal Courts' Adoption of and Adherence to a Uniform and Narrow Interpretation of 12 U.S.C. § 632
Abstract: In this Article, I propose a new (uniform and narrow) standard for interpreting the Edge Act of 1919, which provides a basis for original federal district court jurisdiction over civil suits arising out of “transactions involving international or foreign banking” or “out of other international or foreign financial operations.” Under the Edge Act, any defendant in a suit mentioned above may remove the suit from state court to federal district court. This standard will remedy the federal courts’ recent adoption of a broad construction of the Edge Act, which has resulted in the consideration of cases that would ordinarily have no business being before a federal court, such as suits involving purely state law claims without any diversity of citizenship.
Publication Year: 2009
Publication Date: 2009-08-25
Language: en
Type: article
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