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AM. U. L. Rev.


In recent years, both the Court of Appeals for the Federal Circuit and the United States Supreme Court have addressed the issue of when (28 U.S.C.) § 1500 bars a plaintiff from maintaining simultaneous suits in a district court and in the Court of Federal Claims. Unfortunately, these efforts have failed either to relax the requirements of § 1500 or to establish conclusively a rule of strict construction. This Article examines the current state of § 1500 in light of these attempts at reconstruction. Part I presents the basic jurisdictional reach of the Court of Federal Claims and of the district courts in suits against the United States and its instrumentalities. Part II analyzes § 1500 and its interpretations in light of recent case law. Part III discusses the problems inherent in current interpretations of § 1500 and suggests the most likely judicial responses. The Article concludes that, because a complete revision or repeal is unlikely, the best way to reduce the inequity and arbitrariness of § 1500 is to grant both district courts and the Court of Federal Claims limited pendent jurisdiction over suits against the government that are normally cognizable only in the other forum.