Putting the “Alien” Back Into Alienage Jurisdiction: Alienage Jurisdiction and “Stateless” Persons and Corporations After Traffic Stream
This Note explores the current limits of diversity jurisdiction and advocates broader inclusion of stateless parties in federal courts. Alienage jurisdiction should apply to all people not specifically addressed by other diversity provisions (that is, all non-U.S. citizens except permanent resident aliens living inside the United States). This application is both constitutional and practical. It eliminates an unnecessary iniquity against stateless persons and corporations. Furthermore, it aligns federal civil procedure with the legal and moral norms of equal protection under the law and the preservation of distinct, ethnic communities.