Viewing the "Same Case or Controversy" of Supplemental Jurisdiction Through the Lens of the "Common Nucleus of Operative Fact" of Pendent Jurisdiction
McFarland, Douglas D.
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This Article plumbs the meaning and scope of same case or controversy under Article III in § 1367(a) by examining its lineal ancestor: pendent jurisdiction. It examines the major cases defining pendent jurisdiction. It examines the language of § 1367(a) and the intent of Congress in creating supplemental jurisdiction. It examines judicial interpretations of pendent jurisdiction. It employs this historical context to identify the attitude a court should have toward an assertion of supplemental jurisdiction. Finally, it proposes a sound approach for a court to follow in deciding the scope of supplemental jurisdiction in an individual case.