The components of the Federal Franchise model-procedural homogeneity, cultural conformity, and technical competence-should be familiar. The federal courts' capacity to provide these benefits has not escaped commentators' notice; indeed, there are points of connection between these features of federal court adjudication and the individual fragments of the conventional account.l0 But prior scholarly discussion of these themes has been unsystematic, treating them as (at best) secondary considerations when it comes to the allocation of federal question cases between the state and federal courts. This Article attempts to weave together these previously disconnected strands of thinking about federal court adjudication and to develop hem into a fully formed model of the federal judiciary as a franchise structure. My further goal is to place the Federal Franchise model at the forefront of discussion about jurisdictional allocation, and to encourage a concomitant de-emphasis in such discussions on the constituent elements of the conventional account.
Seinfeld, Gil. "The Federal Courts as a Franchise: Rethinking the Justifications for Federal Question Jurisdiction." Cal. L. Rev. 97, no. 1 (2009): 95-159.