Federal Jurisdiction, Fifth Edition (Aspen Student Treatise) / Edition 5

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Overview

This premier treatise offers a powerful exploration of the underlying polices and the doctrine of federal jurisdiction. Erwin Chemerinsky, one of the nation's leading authorities in this area of the law, clearly identifies current law and unresolved issues surrounding it and then examines the competing policy considerations, articulating varying viewpoints clearly and in evenhandedly. Federal Jurisdiction, Fifth Edition, thoroughly updated to reflect important recent developments, is designed to accompany any of the major textbooks and is frequently used as the primary course text by instructors who then supply their own case material.

This highly acclaimed text provides solid underpinnings for federal jurisdiction courses, offering:

  • comprehensive coverage, with clear descriptions of the law and issues and in-depth analyses of the doctrines and policies that determine the jurisdiction of the federal courts
  • a clear overview of current law along with unresolved issues followed by a straightforward explanation of the underlying, competing policy considerations involved
  • a balanced treatment of the material, presenting multiple viewpoints and describing for students all sides of the issues

Updated to reflect important recent developments, the Fifth Edition addresses

  • the impact of war on terrorism on federal jurisdiction issues, including restriction of federal court jurisdiction and the availability of habeas corpus for those in Guantanamo
  • new developments in justiciability, especially as to whether challenges to partisan gerrymandering are a nonjusticiable political question
  • major new cases with regard to sovereign immunity, including Congress' power to authorize suits against state governments (Nevada Department of Human Resources v. Hibbs, Tennessee v. Lane, United States v. Georgia) and the Supreme Court's holding that sovereign immunity does not apply in bankruptcy court
  • the significant new limits on the ability to use section 1983 to enforce federal statutes
  • major developments with regard to habeas corpus and the provisions of the Antiterrorism and Effective Death Penalty Act
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Product Details

  • ISBN-13: 9780735564077
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 7/3/2007
  • Edition description: Older Edition
  • Edition number: 5
  • Pages: 1084
  • Product dimensions: 6.80 (w) x 9.90 (h) x 1.60 (d)

Table of Contents

Preface
Acknowledgments
Ch. 1 Introduction: Historical Background and Contemporary Themes 1
Pt. I Constitutional and Statutory Limits on Federal Court Jurisdiction 41
Ch. 2 Justiciability: Constitutional and Prudential Limits on Federal Judicial Power 43
Ch. 3 Congressional Control of Federal and State Court Jurisdiction 169
Ch. 4 Congressional Power to Create Legislative Courts 215
Ch. 5 The Subject Matter Jurisdiction of the Federal Courts 259
Ch. 6 Federal Common Law 353
Pt. II Federal Court Relief Against Government and Government Officers 391
Ch. 7 Suits Against State Governments: The Eleventh Amendment and Sovereign Immunity 393
Ch. 8 Federal Court Relief Against Local Governments and State and Local Government Officers: 42 U.S.C. [actual symbol not reproducible]1983 463
Ch. 9 Federal Court Relief Against Federal Officers and the Federal Government 587
Pt. III Federal Court Review of State Court Judgments and Proceedings 635
Ch. 10 United States Supreme Court Review 637
Ch. 11 Statutory Control of the Relationship Between Federal Courts and the States 713
Ch. 12 Federal Court Abstention Because of Unclear State Law 761
Ch. 13 Federal Court Abstention to Avoid Interference with Pending State Proceedings 795
Ch. 14 Abstention to Avoid Duplicative Litigation 837
Ch. 15 Federal Court Collateral Review of Criminal Convictions: Habeas Corpus 861
App. A The Constitution of the United States 939
App. B Selected Federal Statutes 957
Table of Cases 1005
Index 1037
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