Judicial Jurisdiction: A Reference Guide to the U.S. Constitution [NOOK Book]

Overview

One of the ways in which the American constitution is unique among the world's mature democracies is the vesting of the power of constitutional review in the ordinary courts rather than in a specialized constitutional body. Baude uses frank, understandable language to explain the relationship between the constition and our rule of law.

Without technical jurisdictional jargon, Baude is able to survey historical cases to analyze Article III, section 2 of the United States ...

See more details below
Judicial Jurisdiction: A Reference Guide to the U.S. Constitution

Available on NOOK devices and apps  
  • NOOK Devices
  • NOOK HD/HD+ Tablet
  • NOOK
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK Study
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook)
$100.00
BN.com price

Overview

One of the ways in which the American constitution is unique among the world's mature democracies is the vesting of the power of constitutional review in the ordinary courts rather than in a specialized constitutional body. Baude uses frank, understandable language to explain the relationship between the constition and our rule of law.

Without technical jurisdictional jargon, Baude is able to survey historical cases to analyze Article III, section 2 of the United States Constitution. However, Baude's work is vastly different from analytical works based on philosophical and technicalities of judicial jurisdiction. This work explores the relationship between the two, without drawing on the covert ideological premises of legal liberalism.

Read More Show Less

Product Details

Meet the Author

PATRICK BAUDE is Fuchs Professor of Law at Indiana University, Bloomington, where he has taught constitutional law since 1968. He has also taught at the University of Illinois, the University of Paris, and Warsaw University. His research involves various aspects of federalism, focused on federal courts and state constitutions. He has also been special counsel to the Governor of Indiana and President of the Indiana Board of Law Examiners. He holds a J.D. from the University of Kansas and a Master of Law from Harvard.

Read More Show Less

Table of Contents


Series Foreword   Jack Stark     ix
Acknowledgments     xiii
Introduction     xv
A History of the Federal Court System     1
The Colonial System     1
The Articles of Confederation     2
The Constitutional Convention     2
Ratification Debates in the State Conventions     6
The First Congress     7
Marbury v. Madison and the Judicial Power     8
Defining "Citizens of Different States": Strawbridge v. Curtiss     10
Martin v. Hunter's Lessee and Appellate Jurisdiction over State Courts     11
Osborn v. Bank of the United States: The Beginning of Federal Questions in Federal Trial Courts     13
Swift v. Tyson and the Federal Common Law     15
Ex parte McCardle and Stripping the Federal Courts' Jurisdiction     17
Murdock v. City of Memphis and the Independence of State Law     18
Frank v. Mangum and the Great Writ     21
Erie Railroad v. Tompkins and the Failure of the Federal Common Law     23
Fay v. Noia and the Modern Scope of Habeas Corpus     25
Younger v. Harris and Federal Court Injunctions against State Trials     28
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics: The Constitution as Sword RatherThan Shield     29
Northern Pipeline Construction Co. v. Marathon Pipe Line Co. and Judges Outside Article III     30
Michigan v. Long and Adequate State Grounds     34
Webster v. Doe: Are Courts Essential to Due Process?     36
Notes     38
Analysis     41
Taking Jurisdiction Which Is Given     41
Adding Jurisdiction Which Is Not Given     47
Questions of Federal Law     47
Protective Jurisdiction     49
The Boundaries of a Case (or Controversy)     57
Standing     57
Collateral State Law Issues     62
Section 2 as a Structure of Federalism     65
Adequate State Grounds     65
The Parity of State Courts     68
Habeas Corpus     68
Federal Civil Rights Suit     75
Social Change and Diversity Jurisdiction     78
The Policy Debate     78
Diversity Doctrine     80
The Federal Common Law     85
In Diversity Cases     85
In Federal Question Cases     91
Cases Arising under the Constitution     95
Implied Statutory Causes of Action     98
Courts outside Article III      101
Imagining the Future of Article III, Section 2     108
Notes     109
Bibliographic Essay     119
Table of Cases     127
Index     133
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)