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
Release Date: 2008
This law school casebook provides detailed information on federal courts and the law of federal-state relations. The first part of the book explores the intersection of federalism and separation of powers that provide the constitutional foundations of a modern Federal Courts course. Part II covers jurisdiction, and Part III deals with Federal Court enforcement of Federal rights. The final chapter is devoted to certain technically complex questions of remedial interaction, notably the relation of federal habeas corpus to § 1983
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 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: 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: Erwin C. Surrency
Release Date: 2002
This text examines the history of the federal courts from their establishment in 1789 to the present. Coverage actually begins with the Articles of Confederation, which influenced the earliest development of the federal government. In pursuing historical accuracy, the volume explains the evolution of the federal courts and special courts of national jurisdiction using terms of law and procedure understood at the point in history when changes occurred. Therefore a term such as "Circuit Court" actually refers to two different bodies at different historical points. Growth and expansion of the court systems originated in response to procedural, conceptual and historical influences. The author explains evolution in the different types of federal courts through time, with particular attention to the procedure in both equity and admiralty matters which is different from procedure in civil and criminal matters, the growth of the jurisdiction of the federal courts, and changes to the procedure before the Supreme Court.
Author: Patrick C. Reed
Release Date: 1997
Genre: Business & Economics
This publication provides for a clear understanding of the issues, in customs, tariff, antidumping and countervailing duty laws, as well as laws providing for embargoes, quantitative restrictions on imports, and adjustments to import competition. The text begins with the historical evolution of judicial review in import law. The current functioning of the CIT (Court of International Trade) and CAFC (Court of Appeals for the Federal Circuit) are examined in detail, as reflected in the legal doctrines of administrative law involved in the judicial review of government agencies. Topics addressed include jurisdiction, standing, sovereign immunity, exhaustion of administrative remedies, and preclusion of review. It also includes a discussion of the possible changes in the existing institutional framework for customs and international trade litigation, including possible expansions in the jurisdiction of the CIT.
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: 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.
Report on the bill (H.R. 2294) to make improvements in the operation & administration of the federal courts, & for other purposes, reports favorably thereon with an amendment & recommends that the bill pass. Includes: the amendment; purpose & summary; background & need for the legislation; committee considerations & oversight findings; committee on government reform & oversight findings; new budget authority & tax expenditures; committee cost estimate; constitutional authority statement; section-by-section analysis & discussion; agency views; & changes in existing law made by the bill, as reported.
Author: Maeva Marcus
Publisher: Oxford University Press on Demand
Release Date: 1992
Genre: Literary Criticism
The Judiciary Act of 1789 established a federal court system, an experiment that became one of the outstanding features of American democracy. Yet little has been written about the origins of the Act. This volume of essays analyzes the Act from political and legal perspectives while enhancing our understanding of the history of the judiciary and its role in the constitutional interpretation.