Author: Laura E. Little
Publisher: Aspen Publishers Online
Release Date: 2007
An approachable and practical study guide to what is considered a challenging and abstract subject, Examples & Explanations: Federal Courts provides students with a brief, textual introduction to doctrines, as well as examples and analytical answers. with a sensible, flexible organization, it adapts well to a variety of teaching approaches and learning styles. This reliable guide offers ample features and benefits: Cutting-edge coverage unveils many important recent developments absent in competing books, such as: Hamdan v. Rumsfeld (non-Article III courts -- 2006) Marshall v. Marshall (diversity of citizenship -- 2006) The Class Action Fairness Act (diversity of citizenship -- 2005) Terri Schiavo litigation (congressional control of federal court jurisdiction -- 2005) Grable & Sons v. Darue Engineering (federal question jurisdiction -- 2005) Empire Healthchoice Assurance, Inc. v. McVeigh (2006) Exxon Mobil v. Allapattah (supplemental jurisdiction -- 2005) Lance v. Dennis (Rooker-Feldman doctrine 2006) Exxon Mobil v. Saudi Basic Industries (Rooker-Feldman doctrine -- 2005) Habeas Corpus cases (2005-2006) Nuances and unsettled issues in the law are openly addressed. the guide resists black letter simplification of legal concepts and capitalizes on this notion, without sacrificing clarity or meaningful analysis Complicated subjects are presented in an understandable manner. Widely respected federal courts scholar, Professor Laura E. Little, transforms her global knowledge of federal courts issues in a format that students can digest and master. An accessible and clear writing style provides lucid explanations of complex areas of the law and breaks down doctrines into component parts. Page layout is designed for easy retrieval and understanding A sensible and flexible organization caters to students with various learning styles. Topics are organized according to the various functions of federal courts, which gives the book thematic coherence while still allowing students to use the content according to their own needs Visual aids, including several graphs and illustrations that illustrate both "macro" and "micro" understandings of the material, are designed to convey intricacies of rules as well as larger relationships among doctrines and institutions Examples demonstrate complexities and ambiguities in the legal doctrine, while the explanations demonstrate practical skills for coping with uncertainty in the law, anticipating and outlining arguments on both sides of a controversy. Combined, these model good lawyering and exam-taking techniques
Author: RICHARD D. FREER
Publisher: West Academic Publishing
Release Date: 2017-02-10
Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and as a review of the subject matter when studying for an examination. Each Black Letter Outline is written by experienced law school professors who are recognized national authorities in their subject area.
Author: Linda S. Mullenix
Release Date: 2015-01-14
This comprehensive Understanding treatise offers a coherent and complete overview of the complex constitutional principles and doctrines governing the federal judicial system. In a single volume, it provides a rich discussion of Article III of the United States Constitution, which governs the federal judiciary, and explains the role of Congress in regulating the federal courts' jurisdiction. After explaining the constitutional and statutory bases for federal jurisdiction, the treatise discusses the intricate case law on the statutory procedures relevant to litigating actions in federal courts. The treatise concludes with an exploration of the important federalism problems inherent in our dual system of courts, and the interrelationship of federal and state courts. Focusing on the relevant statutes and Supreme Court and appellate doctrine, Understanding Federal Courts and Jurisdiction covers all aspects of federal jurisdiction: justiciability, including standing, mootness, ripeness, and political questions; and the major types of federal jurisdiction, federal question and diversity, as well as the supplemental jurisdiction statute. The procedural portion of the treatise covers removal, venue, transfer of venue, personal jurisdiction in the federal courts, and multidistrict litigation. The federalism discussion includes a coherent review of the abstention doctrines, the Anti-Injunction Act, the Eleventh Amendment, the Erie doctrine, and intersystem preclusion. Understanding Federal Courts and Jurisdiction is ideal for students in the basic procedure course as well as upper division federal jurisdiction and practice courses. It also provides new and experienced federal practitioners with the basic principles and solid basis for further research. The eBook versions of this title feature links to Lexis Advance for further legal research options.
Author: Michael P. Allen
Publisher: Wolters Kluwer Law & Business
Release Date: 2015-02-23
An innovative, highly accessible casebook that features problems, cases connected by narrative text, charts, and graphs, all presented in a manner suited to multiple teaching approaches. Features: Incorporates problems throughout each chapter allowing students to reinforce their understanding of basic doctrine and to explore doctrine in greater depth. Presents information graphically through charts and diagrams to appeal to multiple learning styles and reinforce student comprehension. Includes all relevant statutes, rules, and constitutional provisions. Includes a comprehensive Teachers Manual with the authors suggestions for using chapter materials, the authors views about the text problems, and other supporting materials and references. Presents topics that otherwise overlap with coverage in Civil Procedure (e.g., subject matter jurisdiction) in a manner that leads to more advanced and interesting treatment.
Author: Ann E. Woodley
Release Date: 2014-04-28
This book is designed to provide guidance to the law student or litigator as to the applicable rules-and the inter-relationship among those rules-for all of the stages of a federal civil lawsuit. The Federal Rules of Civil Procedure are not sufficiently organized or cross-referenced to allow law students or litigators to easily understand the relationships among the rules, or to make sure that all relevant rules have been consulted. Litigating in Federal Court seeks to remedy this deficiency. The second edition of this book includes all of the updates to the Federal Rules of Civil Procedure that have occurred since the last edition was published, as well as some additional material on changing litigation trends such as e- discovery. As in the first edition, Litigating in Federal Court is divided into two parts. The first part of the book covers all of the stages of federal court litigation, including a short narrative discussion of each stage and one or more charts showing the applicable rules and their relationship to each other. These charts have been drafted and re-drafted based on Professor Woodley's experience as a federal court clerk, a litigation associate in a law firm, and a professor of Civil Procedure and Pretrial Advocacy for many years. The second part of the book contains multiple checklists for drafting most of the documents used in the pretrial process (which include citations of the basic relevant rules). This extremely practical, yet analytically complex, guide to federal court litigation is a valuable resource for law students and litigators alike.
Author: Jonathan R. Siegel
Publisher: Wolters Kluwer Law & Business
Release Date: 2015-04-27
This new casebook provides clear and comprehensive coverage with thoughtful case selection and an engaging presentation. Grounded in essential cases and doctrines, it makes a difficult subject accessible for students while providing a thorough, nuanced treatment of the course. For use in a 3- or 4-credit course in Federal Courts or Federal Jurisdiction. Key Features More cases, fewer notes Thoughtful case selection Emphasis on canonical cases Notes that provide nuanced understanding, but that don't bog things down with every last detail Discussion problems provided throughout Comprehensive coverage, including It covers Justiciability, Jurisdiction, Erie & Federal Common Law, Lawsuits Against Governments and Government Officials (Federal and State Sovereign Immunity, Bivens, Section 1983, and Official Immunity), Abstention Doctrines, Supreme Court Review of State Courts, and Habeas Corpus.
Author: Michael Evan Gold
Publisher: Cornell University Press
Release Date: 1998
Michael Evan Gold has completely revised his classic explanation of the protection to which workers are entitled under the National Labor Relations Act. He includes discussion of such fundamental topics as organizing and elections, the duty to bargain, economic weapons available to workers, and enforcement of labor contracts. "An excellent review of labor law as it stands today".--BOOKLIST.
Author: Stephen M. McJohn
Publisher: Aspen Publishers Online
Release Date: 2006-01-01
Now, the proven Examples & Explanations series expands to include a volume on copyright law. This brand-new study guide offers much-needed assistance in navigating the complexities of the field. Tailored specifically to student needs, COPYRIGHT: Examples & Explanations: covers all aspects of copyright law, together with international and theoretical underpinnings of the law builds student understanding step by step and allows students to work with fact settings, which is crucial to understanding and applying copyright law is totally up to date with relevant Supreme Court cases (such as Eldred, Dastar, and Grokster) and legislation (such as the Family Entertainment and Copyright Act of 2005) addresses developing judicial interpretation in such areas as originality, the idea/expression distinction, fair use, ownership, and scope of exclusive rights includes recent case law on Digital Millennium Copyright Act issues, including anti-circumvention, safe harbor, and subpoena provisions discusses areas of particular interest to students, such as music, open source licensing, and the Internet presents shorter sections covering related state law doctrines -- misappropriation, rights of publicity, and idea submissions -- and federal preemption allows students to study chapters in any order, to correspond to the sequence of your chosen casebook The Examples & Explanations format is used for maximum effectiveness: clear textual overviews introduce each new concept carefully chosen examples demonstrate the applications and are followed by questions straightforward explanations answer the questions and provide additional follow-up
Author: Richard H. Fallon
Publisher: Foundation Pr
Release Date: 2008-07-01
This 2008 Supplement updates the main text with recent developments. Topics discussed include the development and structure of the federal judicial system; cases and controversies; the original jurisdiction of the Supreme Court; the distribution of judicial power among federal and state courts; review of state court decisions by the Supreme Court; civil actions in the district courts; federal common law; jurisdiction of the district courts; suits challenging official action; limitations on district court jurisdiction; federal habeas corpus; problems of district court jurisdiction; and appellate review of federal decisions.
Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
Release Date: 2008-09-15
Genre: Political Science
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Author: Arthur Best
Publisher: Aspen Publishers Online
Release Date: 2009
The #1 study guide for Evidence is now in its Seventh Edition. Examples & Explanations: Evidence is the go-to resource for any student struggling to understand the concepts and rules of evidence as described in their casebook. the Examples & Explanations pedagogy encourages students to read the text carefully, apply what they have learned, and test their understanding of the material. A leader in its field, Examples & Explanations: Evidence features: clear and concise introductions to the concepts and Rules of Evidence examples with questions that start out simply and gradually build in complexity thorough explanations of how to analyze the questions in the examples a "plain language" version of the Federal Rules of Evidence, complete with new amendments to the Rules generous use of visual aids--tables and charts--that illustrate key concepts Still fewer than 350 pages, the Seventh Edition includes: discussion of Giles v. California, concerning Hearsay and the Confrontation Clause analysis of newly-adopted Rule 502, regarding inadvertent waiver of the attorney-client privilege, with a plain-language explanation in the Appendix a flow chart that illustrates the proper sequence of analysis for relevance and hearsay exclusions & exceptions as applied to an out-of-court statement a new chart that illustrates character evidence with regard to the propensity inference Examples & Explanations: Evidence, Seventh Edition, is a current and time-proven resource that you can recommend to your students with confidence.
Author: Committee on Science, Technology, and Law
Publisher: National Academies Press
Release Date: 2011-09-26
Genre: Political Science
The Reference Manual on Scientific Evidence, Third Edition, assists judges in managing cases involving complex scientific and technical evidence by describing the basic tenets of key scientific fields from which legal evidence is typically derived and by providing examples of cases in which that evidence has been used. First published in 1994 by the Federal Judicial Center, the Reference Manual on Scientific Evidence has been relied upon in the legal and academic communities and is often cited by various courts and others. Judges faced with disputes over the admissibility of scientific and technical evidence refer to the manual to help them better understand and evaluate the relevance, reliability and usefulness of the evidence being proffered. The manual is not intended to tell judges what is good science and what is not. Instead, it serves to help judges identify issues on which experts are likely to differ and to guide the inquiry of the court in seeking an informed resolution of the conflict. The core of the manual consists of a series of chapters (reference guides) on various scientific topics, each authored by an expert in that field. The topics have been chosen by an oversight committee because of their complexity and frequency in litigation. Each chapter is intended to provide a general overview of the topic in lay terms, identifying issues that will be useful to judges and others in the legal profession. They are written for a non-technical audience and are not intended as exhaustive presentations of the topic. Rather, the chapters seek to provide judges with the basic information in an area of science, to allow them to have an informed conversation with the experts and attorneys.