Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process

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LexisNexis, Jun 16, 2009 - Law - 1344 pages
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This book 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 book's objective 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 in litigation.

Two major themes distinguish this book from others on the market:

•   First, the book gives sustained and systematic attention to the role of state courts as a forum for litigation of federal issues.

•  : Second, the 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, the book is organized in a way that reinforces learning and facilitates interstitial reiteration of 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, the 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 that the Supreme Court declined to hear. The book 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 ordinary litigation.

This publication is also accompanied by the Judicial Code Supplement. A unique feature of this Supplement is the inclusion of selected provisions of other titles of the United States Code -- not just procedural provisions like the Administrative Procedure Act and the Federal Arbitration Act, but also ERISA, FELA, RICO, and other substantive statutes that bear on the issues treated in a Federal Courts course.

 

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Contents

Part One THE CONSTITUTIONAL FRAMEWORK AND
B SELECTION OF JUDGES
court
THE PROVINCE AND DUTY OF THE JUDICIAL
THE JUDICIAL POWER UNDER ARTICLE III
A PARTYBASED HEADS OF JURISDICTION
FOUNDATION CASES
THE BOUNDARIES OF FEDERAL QUESTION JURISDICTION
STATE COURTS AND THE EFFECT OF FEDERAL COURT
A REVIEW OF FINAL DECISIONS OF THE DISTRICT COURTS
B REVIEW OF INTERLOCUTORY ORDERS OF THE DISTRICT
Part Six CHALLENGING STATE OFFICIAL ACTION
B ENFORCING THE CONSTITUTION THROUGH SUITS AGAINST
CONGRESSIONAL POWER AND STATE SOVEREIGN
CONSENT AND WAIVER BY THE STATE
F SOVEREIGN IMMUNITY IN LITIGATION

JUSTICIABILITY AND THE CASE
THE POLITICAL QUESTION DOCTRINE
Part Two THE ROLE OF FEDERAL LAW IN STATECOURT
Part Four THE JURISDICTION OF THE FEDERAL DISTRICT
B THE DUTY OF STATE COURTS TO HEAR FEDERAL CLAIMS
STATE LAW AND THE ENFORCEMENT OF FEDERAL RIGHTS
THE REQUIREMENT OF A FINAL JUDGMENT
Part Three THE POWER OF THE FEDERAL COURTS
FEDERAL COMMON
B IMPLIED REMEDIES FOR STATUTORY VIOLATIONS
CHALLENGES TO JURISDICTION
B JL RISDICTION AND MERITS
THE FEDERAL QUESTION JURISDICTION
JURISDICTION OVER DECLARATORY JUDGMENT ACTIONS
E SUPPLEMENTAL JURISDICTION
DIVERSITY JURISDICTION
B THE AMOUNT IN CONTROVERSY REQUIREMENT
JOINDER OF PLAINTIFFS AND SUPPLEMENTAL
SPECIAL PROBLEMS OF REMOVAL
IMPLIED SUBJECTMATTER EXCLUSIONS FROM FEDERAL
INTERSYSTEM PRECLUSION AND THE ROOKER
B THE ROOKERFELDMAN DOCTRINE
THE SECTION 1983 CAUSE OF ACTION
B SECTION 1983 AND CONSTITUTIONAL CLAIMS
SECTION 1983 AND STATUTORY CLAIMS
GOVERNMENTAL LIABILITY
E OFFICIAL IMMUNITIES
FEDERAL HABEAS CORPUS
B THE SCOPE AND STANDARD OF REVIEW ON COLLATERAL
STATE PROCESSES AND FEDERAL HABEAS REVIEW
SUCCESSIVE AND ABUSIVE PETITIONS
F THE SUSPENSION CLAUSE AND ADEQUATE SUBSTITUTES
CHALLENGING STATE ACTION IN STATE COURT
Part Seven THE CONSTITUTIONAL FRAMEWORK REVISITED
B THE JURISDICTION OF THE FEDERAL DISTRICT COURTS
CONGRESSIONAL POWER TO CONTROL
French
Congress and the Exercise of Judicial Power
The Constitution Restoration
NONARTICLE III COURTS AND JUDGES
The Constitution of the United States
The Justices of the United States Supreme Court 1946
Table of Cases
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