Federal Courts: Theory and PracticeClinton, 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. |
Contents
The Constitutional and Statutory History of the Structure | 3 |
Alexander Hamilton The Federalist Excerpts | 12 |
The Federalist No 80 | 18 |
Copyright | |
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Common terms and phrases
adjudication admiralty jurisdiction alleged amended ancillary jurisdiction appellate jurisdiction applied arising authority bankruptcy courts Banque du Caire brought cause of action Chief Justice Circuit Court citizens citizenship civil clause common law conferred congressional Constitution constitutionally controversy corporation counterclaims Court held court jurisdiction Court of Appeals created criminal decision declaratory judgment defendant determination dismissal dissent District of Columbia diversity jurisdiction diversity of citizenship doctrine enacted enforce established exercise fact federal claim federal courts federal district courts federal jurisdiction federal law federal question jurisdiction filed forum non conveniens grant injunction involved issue judges judgment judicial power Judiciary Act jurisdic jury limited litigation lower federal courts maritime opinion original jurisdiction parties pendent pendent jurisdiction petitioners plaintiff procedure proceedings regulations remand removal rule sovereign immunity Stat statutory substantial suit Supp supplemental jurisdiction Supreme Court tion tort trial tribunals United venue vested violation