Author: Laura E. Little
Publisher: Wolters Kluwer Law & Business
Release Date: 2013-09-24
A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
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: 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: Arthur D. Hellman
Release Date: 2013-05-29
The Third Edition of Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process follows the approach of the two previous editions (published in 2005 and 2009). It concentrates on the main lines of doctrinal development and their implications for future disputes rather than attempting an encyclopedic treatment of subsidiary points. It emphasizes elements of litigation strategy and the practical application of doctrine as well as the underlying policy and theoretical issues. Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process is the product of the authors' rethinking of what a Federal Courts course can be. Although fully attentive to the deeper theoretical issues of federalism and separation of powers raised by the cases, the book also focuses on giving students the grounding they will need to be effective lawyer-litigators. The objective of the book is to provide students with the doctrinal, theoretical, and practical education that will enable them to identify and strategically employ jurisdictional tools to effectively serve their clients. Two major themes make Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process distinctive among Federal Courts casebooks: • This book gives sustained and systematic attention to the role of state courts as a forum for litigation of federal issues. • This book is grounded in the realities of litigation today -- in particular, the strong tendency of defendants in civil litigation to prefer federal court over state court. The statutory device of removal, and other issues that dominate contemporary litigation, are addressed throughout this book. In addition, Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process is organized in a way that facilitates learning and reinforces important points. A modular design enables teachers to select particular aspects of larger topics for made-to-order course coverage. Based on the authors' extensive classroom experience teaching Federal Courts, this book effectively integrates problems as teaching and learning tools. The problems have been carefully designed to require students to identify and apply relevant concepts from the governing law, including the cases in the book, from the perspective of a lawyer seeking to accomplish a particular goal. Many of the problems are based on recent appellate cases. Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process provides thorough coverage of the public law issues that dominate scholarly writings on federal courts, but it is also uniquely geared to preparing students to serve their clients effectively in more routine litigation matters. Significant revisions to the Third Edition include: • Extensive coverage of the important revisions to the law governing removal made by the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (JVCA). • Introduction of aspects of removal jurisdiction not previously covered. • Seven new principal cases on topics ranging from qualified immunity to constitutional limits on non-Article III courts and state-court power to decline to hear federal claims. • New problems on a variety of topics, including justiciability, the Anti-Injunction Act, supervisory liability under §1983, jurisdiction-stripping, and the Rooker-Feldman doctrine.
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: Larry W. Yackle
Release Date: 2009
"This third edition of Federal Courts offers a succinct account of the law governing the tribunals that exercise the judicial power of the United States. It provides lawyers and law students with a concise presentation of the constitutional principles, statutes, and judge-made doctrines covered in law school courses on the subject, typically entitled "Federal Courts" or "Federal Jurisdiction." To assist students, this book follows the subject headings, principal decisions, and commentaries emphasized in standard law school course materials. Readers who need an introduction to the basics will find it in this text; readers who need deeper analysis will find it in the exhaustive footnotes."--BOOK JACKET.
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: 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: Christopher P. Banks
Release Date: 2017-01-26
Genre: Political Science
How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society. • Presents a broad and detailed perspective on law and politics that enables students and laypeople to analyze the judicial process and the role that state and federal courts play in American society • Comprehensively surveys the myriad contemporary issues of law and politics that affect the scope and application of social and public policies • Supplies selected primary source documents that give readers the opportunity to view key judicial documents firsthand • Includes a glossary of terms and annotated bibliography that facilitate a complete comprehension of the organization, structure, and politics of state and federal courts
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
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: Charles Alan Wright
Publisher: Foundation Press
Release Date: 2012
The 13th edition of Wright, Oakley, and Bassett's Cases and Materials on Federal Courts retains the style and structure of the 12th edition, with its distinctive emphasis on cases and annotated footnotes rather than lengthy comments and questions by the editors. The new edition is completely up-to-the-minute, incorporating the changes from the recently-enacted Jurisdiction and Venue Clarification Act of 2011. It includes six new principal cases and fully revised annotations, and omits eleven outdated or less effective case decisions. The casebook is accompanied by a revised set of Authors' Suggestions for a professor's effective classroom use.