![]() ![]() It is my opinion that that is clearly against the weight of the evidence in this case.” A motion for a new trial was made by the defendant, but the trial judge died. In an action against the manufacturer for damages caused by a defect in an automobile, the jury returned a verdict for the plaintiff in the amount of $50,000, whereupon the trial judge stated, “Members of the jury, I am astounded. As such, I advocate that jurisdiction over all cross-referenced regimes proceed on functionalist lines. And that the Court’s tendency to vest federal question jurisdiction upon mere formal distinctions in these contexts often leads to separation of powers difficulties. Further, I contend that this view of federal question jurisdiction comports with the original understanding of the that font of jurisdiction as well as principles of judicial independence. Namely, I assert that, contrary to the predominant view, the federal courts do not stand ready to hear cases in which the judiciary as a whole is deployed merely as a fact-finding forum under federal question jurisdiction. ![]() I also contend that this cross-referential ordering principle offers significant insights into the nature of federal-question claims more generally. I defend this thesis by extensively exploring cross-referenced regimes in numerous modes. I argue that the federal courts only take federal question jurisdiction over cross-referenced claims when they, from a departmental perspective, maintain declaratory authority over the cross-referenced law. In this article, I offer an ordering principle for these apparently varied, cross-referential, jurisdictional cases. ![]() Indeed, the federal courts have issued scores of seemingly inconsistent opinions on these cross-referential cases. The difficulties attendant to these cross-referenced schemes are brought to the fore most clearly when a federal court must determine whether such bodies of law create federal question jurisdiction. Multiple British companies have established Takano’s proposed framework in their businesses.Ĭommercial Workers Union, American Federation of Labor and Congress of Industrial Orgs, 4 Day Week Global, Service Employees International Union, and United Food co-signed the congressman’s new business layout, endorsing the bill.State and federal law often cross-reference each other to provide a rule of decision. After the study, 90 percent preferred the new model, per CNN. In the results, the workers continued the same productivity levels compared to 40-hour workweeks. In the study, over 3,300 employees from 70 companies worked on a four-day/32-hour schedule while still receiving 100 percent of their pay. In June 2021, the UK ran a trial bringing the four-day workweek to the forefront. ![]() A bill has been reintroduced into the House of Representatives that challenges the standardized five-day/40-hour workweek.Ĭalifornia Representative Mark Takano’s bill proposes making a four-day workweek a federal law. The mandate would create “a significant change which will increase the happiness of humankind,” per CNBC. ![]()
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