Author: David P. Currie
Publisher: West Group
Release Date: 1990-08
Spells out the basic contours of district court jurisdiction in federal question, admiralty, and diversity cases, with notes on venue and on the Supreme Court's original jurisdiction. Tells the student something about the applicable law governing federal proceedings, including remedies against government officers. Deals with limitations on the exercise of jurisdiction that cuts across the various jurisdictional categories: sovereign and official immunities and a variety of statutory and judicial abstention doctrines. Follows the litigant into situations in which a federal court is asked to pass upon what another tribunal has already done.
Author: Larry W. Yackle
Release Date: 2003-01
This book concentrates on federal court authority to entertain habeas corpus petitions filed by state prisoners who claim that they were convicted or sentenced in violation of their federal constitutional rights. Lower federal courts have no appellate jurisdiction to review state court judgments in criminal cases. Nevertheless, federal courts revisit state convictions and sentences indirectly when they adjudicate federal claims in habeas corpus proceedings. Federal court authority under this heading has theoretical implications for the federal system, as well as practical significance for the implementation of constitutional standards in criminal cases, particularly in capital cases.
Author: Larry W. Yackle
Release Date: 2016-12-01
This book identifies and explores the major problems now under discussion in law school courses typically denominated ¿Federal Courts¿ or ¿Federal Jurisdiction.¿ It anticipates the questions that law faculty are likely to raise in class and gives students a head start in building satisfying responses. This book also functions as an update of Professor Yackle¿s previous book, entitled Federal Courts. The third edition of that book appeared in 2009.
Author: Richard A. POSNER
Publisher: Harvard University Press
Release Date: 1999
The federal courts are the world's most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a "crisis in quantity" is imperiling the ability of the federal judiciary to perform its historic function of administering justice fairly and expeditiously. Drawing on economic and political theory as well as on legal analysis and his own extensive judicial experience, Judge Richard Posner sketches the history of the federal courts, describes the contemporary institution, appraises the concerns that have been expressed with the courts' performance, and presents a variety of proposals for both short-term and fundamental reform. In contrast to some of the direr prophecies of observers of the federal courts, Posner emphasizes the success of these courts in adapting to steep caseload growth with minimal sacrifice in quality.
Author: Antonin Scalia
Publisher: Princeton University Press
Release Date: 2018-01-30
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Author: Peter Charles Hoffer
Publisher: Oxford University Press
Release Date: 2016-02-26
There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."
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: Robert A. Carp
Release Date: 2010-11-09
Genre: Political Science
For law and courts courses focused on the federal level, this popular spin-off volume from Judicial Process in America, is the perfect supplement. The authors explain the organizational structure of the federal courts, outline the jurisdiction of the three levels of U.S. courts, and pay particular attention to the link between the courts, public policy, and the political environment.
Author: Dee Edgeworth
Publisher: American Bar Association
Release Date: 2004-01-01
Among the key strategies in taking the financial incentive out of criminal activity are freezing, seizing, and confication of assets--better known as asset forfeiture. This book is a how--to, practical guide to the common legal and practical issues faced by the asset forfeiture litigator.
Author: Richard D. Freer
Publisher: West Academic
Release Date: 2004
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.
For over two decades, Casenote Legal Briefs have helped hundreds of thousands of students prepare for classes and exams year after year with unparalleled results. Known throughout the law school community as high-quality legal study aids, Casenotes popular series of legal briefs are the most comprehensive legal briefs available today. With over 100 Casenotes published today in all key areas, ranging from Administrative Law to Wills, Trusts, and Estates each and every Casenote offers: professionally written briefs of the cases in your casebook coverage that is accurate and up-to-date editor's analysis explaining the relevance of each case to the course coverage built on decades of experience the highest commitment to quality