Federal Courts: Theory and Practice

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Little, Brown, 1996 - Law - 1553 pages
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Clinton, Matasar, and Collins draw on their extensive litigation experience and scholarship to exquisitely interpret and clarify the complex, and sometimes unstable and incoherent, doctrines of federal courts jurisprudence. The authors blend a theoretical and practical approach. Having seen the Federalists vs. Antifederalists debates replay themselves daily in America's federal courtrooms, they believe the most practical knowledge of federal court doctrines frequently involves the most theoretical perspectives. Consequently, they pervasively favor broad assertions of federal judicial power -- a viewpoint they believe was the intent of the original Federalists -- and they use this viewpoint to challenge and stimulate students. This book begins with coverage of the basic structure, jurisdiction, and powers of the federal district courts; turns to constitutional litigation; and concludes with appellate jurisdiction.Highlights include:a thorough exploration of the original history (including excerpts from The Federalist)in-depth coverage of important landmarks of the Reconstruction Era, which granted federal courts power over many matters formerly left almost exclusively to state courtsa rich survey of the post-adoption evolution of federal courts doctrines. Excellent pedagogy: a contextual approach, a traditional organization, thoughtfully chosen cases, and copious and well-written notes.

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Contents

J The Constitutional and Statutory History of the Structure
3
B Evolution of the Federal Courts Structure
28
Congressional Power over Federal Courts
33
Copyright

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