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Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process, Third Edition (2013)

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ISBN: 9780327194958
Published: July 12, 2013
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The Third Edition of Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process follows the approach of the two previous editions (published in 2005 and 2009). It concentrates on the main lines of doctrinal development and their implications for future disputes rather than attempting an encyclopedic treatment of subsidiary points. It emphasizes elements of litigation strategy and the practical application of doctrine as well as the underlying policy and theoretical issues.

Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process 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 objective of the book 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.

Two major themes make Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process distinctive among Federal Courts casebooks:

1. This book gives sustained and systematic attention to the role of state courts as a forum for litigation of federal issues. 2. This 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, Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process is organized in a way that facilitates learning and reinforces 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, this 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.

Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process 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 in more routine litigation matters.
-Significant revisions to the Third Edition include:
-Extensive coverage of the important revisions to the law governing removal made by the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (JVCA).
-Introduction of aspects of removal jurisdiction not previously covered.
-Seven new principal cases on topics ranging from qualified immunity to constitutional limits on non-Article III courts and state-court power to decline to hear federal claims.
-New problems on a variety of topics, including justiciability, the Anti-Injunction Act, supervisory liability under �1983, jurisdiction-stripping, and the Rooker-Feldman doctrine.
-Reorganization of the materials on the Erie doctrine in light of the Supreme Court decision in Shady Grove.


Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 � x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Table of Contents

Part One THE CONSTITUTIONAL FRAMEWORK AND THE FEDERAL COURTS





Chapter 1 THE FEDERAL JUDICIAL SYSTEM


Chapter 2 THE JUDICIAL POWER UNDER ARTICLE III


Chapter 3 JUSTICIABILITY AND THE CASE OR CONTROVERSY REQUIREMENT





Part Two THE ROLE OF FEDERAL LAW IN STATE-COURT
LITIGATION



Chapter 4 FEDERAL AUTHORITY AND STATE COURTS


Chapter 5 SUPREME COURT REVIEW OF STATE-COURT
DECISIONS





Part Three THE POWER OF THE FEDERAL COURTS TO
FORMULATE RULES OF DECISION



Chapter 6 THE ERIE DOCTRINE AND THE OBLIGATION OF
FEDERAL COURTS TO FOLLOW STATE LAW


Chapter 7 FEDERAL COMMON LAW





Part Four THE JURISDICTION OF THE FEDERAL DISTRICT
COURTS



Chapter 8 CHALLENGES TO JURISDICTION


Chapter 9 THE “FEDERAL QUESTION” JURISDICTION


Chapter 10 DIVERSITY JURISDICTION


Chapter 11 SPECIAL PROBLEMS OF REMOVAL JURISDICTION





Part Five SYSTEMIC ISSUES IN FEDERAL LITIGATION



Chapter 12 PARALLEL PROCEEDINGS IN STATE AND FEDERAL COURT


Chapter 13 INTER-SYSTEM PRECLUSION AND THE ROOKER-FELDMAN DOCTRINE


Chapter 14 APPELLATE REVIEW IN THE FEDERAL SYSTEM





Part Six CHALLENGING STATE OFFICIAL ACTION



Chapter 15 STATE SOVEREIGN IMMUNITY


Chapter 16 THE SECTION 1983 CAUSE OF ACTION


Chapter 17 LIMITS ON THE JURISDICTION


Chapter 18 FEDERAL HABEAS CORPUS


Chapter 19 CHALLENGING STATE ACTION IN STATE COURT





Part Seven THE CONSTITUTIONAL FRAMEWORK REVISITED



Chapter 20 CONGRESSIONAL POWER TO CURTAIL THE
JURISDICTION OF THE FEDERAL COURTS


Chapter 21 CONGRESSIONAL POWER TO CONTROL JUDICIAL DECISION MAKING


Chapter 22 NON-ARTICLE III COURTS AND JUDGES





Appendix A THE CONSTITUTION OF THE UNITED STATES


Appendix B THE JUSTICES OF THE UNITED STATES SUPREME

COURT, 1946–2011 TERMS


TABLE OF CASES


INDEX