Author: Charles Wright
Publisher: West Academic Publishing
Release Date: 2016-11-23
This title offers practical guidance and comprehensive coverage on all aspects of federal court jurisdiction and litigation procedure, as well as the relationship between the state and federal courts. Text reviews the federal judicial system; judicial power of the United States; diversity of citizenship; venue; law applied in federal courts; pleadings, trials, and judgments; and appellate court and Supreme Court jurisdiction.
Author: Peter W. Low
Publisher: Foundation Press
Release Date: 2008-08-01
This is the 2008 supplement to Low and Jeffries' Federal Courts and the Law of Federal-State Relations, 6th Edition law school casebook. This supplement contains cases decided since the release of the latest edition of the casebook as well as expertly drafted notes and questions for classroom discussion.
Author: Peter W. Low
Publisher: Foundation Press
Release Date: 2005-08-11
Supplements Low and Jeffries' Federal Courts and the Law of Federal-State Relations, 4th law school casebook. Contains cases decided since the release of the casebook and expertly drafted notes and questions for classroom discussion.
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: 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: 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: James Pfander
Publisher: West Academic Publishing
Release Date: 2017-01-01
Designed for students in advanced courses and newly revised, this book explains the leading principles of federal jurisdiction. It includes such landmarks as Marbury v. Madison and Bivens v. Six Unknown Named Agents and the rules that govern original and appellate jurisdiction, justiciability and abstention, federal habeas corpus, jurisdiction-stripping, supplemental jurisdiction and sovereign immunity. It discusses the enemy combatant cases, culminating in Boumediene, and recent Supreme Court decisions on such diverse issues as prudential standing, federal ingredient jurisdiction, and suits brought to challenge preempted state law. Apart from up-to-date accounts of the law, the book provides students with a sense of the argumentative possibilities available to lawyers and jurists working within the federal courts' tradition.
Author: David M. Dorsen
Publisher: Harvard University Press
Release Date: 2012-04-10
Genre: Biography & Autobiography
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
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: The Administrative Office of the United
Publisher: Createspace Independent Publishing Platform
Release Date: 2016-04-27
Federal Court Basics. The Structure and Function of Federal and State Courts. The Administrative Office of the United States Courts. Explanation of the Federal Court System how it works, its functions and responsibilities. Why Two Court Systems? The Judicial Branch has two court systems: federal and state. While each hears certain types of cases, neither is completely independent of the other. The two systems often interact and share the goal of fairly handling legal issues. The U.S. Constitution created a governmental structure known as federalism that calls for the sharing of powers between the national and state governments. The Constitution gives certain powers to the federal government and reserves the rest for the states. The federal court system deals with legal issues expressly or implicitly granted to it by the U.S. Constitution. The state court systems deal with their respective state constitutions and the legal issues that the U.S. Constitution did not give to the federal government or explicitly deny to the states. For example, because the Constitution gives Congress sole authority to make uniform laws concerning bankruptcies, a state court would lack jurisdiction. Likewise, since the Constitution does not give the federal government authority in most family law matters, a federal court would lack jurisdiction in a divorce case. The federal judiciary is one of three equal but distinct branches of the federal government.