Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process, Third Edition (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
Chapter 4 FEDERAL AUTHORITY AND STATE COURTS
Chapter 5 SUPREME COURT REVIEW OF STATE-COURT
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
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