ISBN-10:
1454804025
ISBN-13:
2901454804023
Pub. Date:
05/26/2012
Publisher:
Wolters Kluwer Legal & Regulatory
Federal Jurisdiction / Edition 6

Federal Jurisdiction / Edition 6

by CHEMERINSKY

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Overview

Federal Jurisdiction / Edition 6

SUMMARY OF CONTENTS

Preface

Acknowledgments

Chapter 1: Introduction: Historical Background and Contemporary Themes

1.1 Article III of the United States Constitution

1.2 The Judiciary Act of 1789

1.3 Marbury v. Madison and the Meaning of Article III

1.4 The Structure and Authority of the Federal Courts: A History of Federal Jurisdiction Since the Judiciary Act of 1789

1.5 Separation of Powers and Federalism as Unifying Themes in the Law and Study of Federal Jurisdiction

PART I: CONSTITUTIONAL AND STATUTORY LIMITS ON FEDERAL COURT JURISDICTION

Chapter 2: Justiciability: Constitutional and Prudential Limits on Federal Judicial Power

2.1 Introduction

2.2 The Prohibition Against Advisory Opinions

2.3 Standing

2.4 Ripeness

2.5 Mootness

2.6 The Political Question Doctrine

Chapter 3: Congressional Control of Federal Court Jurisdiction

3.1 Introduction

3.2 Congressional Restriction of the Jurisdiction of the United States Supreme Court

3.3 Congressional Restriction of Lower Federal Court Jurisdiction

3.4 Congressional Power to Enlarge the Jurisdiction of the Federal Courts

3.5 Congressional Power to Have State Courts Decide Federal Law Matters

Chapter 4: Congressional Power to Create Legislative Courts

4.1 Introduction

4.2 Legislative Courts for the Territories and District of Columbia

4.3 Legislative Courts for the Military

4.4 Legislative Courts for Civil Disputes Between the Government and Private Citizens

4.5 Legislative Courts for Private Law and Criminal Matters

Chapter 5: The Subject Matter Jurisdiction of the Federal Courts

5.1 Introduction

5.2 Federal Question Jurisdiction

5.3Diversity and Alienage Jurisdiction

5.4 Supplemental Jurisdiction

5.5 Removal Jurisdiction

Chapter 6: Federal Common Law

6.1 Introduction

6.2 The Development of Federal Common Law to Protect Federal Interests

6.3 The Development of Federal Common Law to Effectuate Congressional Intent

PART II:FEDERAL COURT RELIEF AGAINST GOVERNMENT AND GOVERNMENT OFFICERS

Chapter 7: Suits Against State Governments: The Eleventh Amendment

7.1 Introduction

7.2 History of the Ratification of the Eleventh Amendment

7.3 What does the Eleventh Amendment Mean? Competing Theories

7.4 The Application of the Eleventh Amendment: What's Barred and What's Allowed

7.5 Ways Around the Eleventh Amendment: Suits Against State Officers

7.6 Ways Around the Eleventh Amendment: Waiver

7.7 Ways Around the Eleventh Amendment: Suits Pursuant to Federal Laws

Chapter 8: Federal Court Relief Against Local Governments and State and Local Government Officers: 42 U.S.C. 1983

8.1 Introduction

8.2 The Historical Background of 1983 Litigation

8.3 The Meaning of 'Under Color of State Law'

8.4 Exhaustion of State Remedies Is Not Required for 1983 Litigation

8.5 Who Is a 'Person' for Purposes of 1983 Liability? Municipal Governments

8.6 Who Is a 'Person' for Purposes of 1983 Liability? The Liability of Individual Officers

8.7 Who Is a 'Person' for Purposes of 1983 Liability? State Governments and Territories

8.8 What Federal Laws May Be Enforced via 1983 Actions?

8.9 When May 1983 Be Used for Constitutional Claims?

8.10 Preclusive Effects of State Court Judgments and Proceedings

8.11 The Remedies Available in 1983 Litigation

Chapter 9: Federal Court Relief Against Federal Officers and the Federal Government

9.1 Suits Against Federal Officers

9.2 Suits Against the Federal Government

PART III: FEDERAL COURT REVIEW OF STATE COURT JUDGMENTS AND PROCEEDINGS

Chapter 10: United States Supreme Court Review

10.1 Introduction

10.2 The Supreme Court's Authority to Review State Court Judgments and Proceedings

10.3 How Cases Come to the United States Supreme Court

10.4 The Final Judgment Rule

10.5 The Supreme Court's Refusal

Product Details

ISBN-13: 2901454804023
Publisher: Wolters Kluwer Legal & Regulatory
Publication date: 05/26/2012
Edition description: NE
Pages: 1132
Product dimensions: 6.00(w) x 1.25(h) x 9.00(d)

Table of Contents

  1. Introduction: Historical Background and Contemporary Themes

    Part I Constitutional and Statutory Limits on Federal Court Jurisdiction

  2. Justiciability: Constitutional and Prudential Limits on Federal Judicial Power
  3. Congressional Control of Federal Court Jurisdiction
  4. Congressional Power to Create Legislative Courts
  5. The Subject Matter Jurisdiction of the Federal Courts
  6. Federal Common Law

    Part II Federal Court Relief Against Government and Government Officers

  7. Suits Against State Governments: The Eleventh Commandment
  8. Federal Court Relief Against Local Governments and State and Local Government Officers: 42 U.S.C. §1983
  9. Federal Court Relief Against Federal Officers and the Federal Government

    Part III Federal Court Review of State Court Judgments and Proceedings

  10. United States Supreme Court Review
  11. Statutory Control of the Relationship Between Federal Courts and the States
  12. Federal Court Abstention Because of Unclear State Law
  13. Federal Court Abstention to Avoid Interference with Pending State Proceedings
  14. Abstention to Avoid Duplicative Litigation
  15. Federal Court Collateral Review of Criminal Convictions: Habeas Corpus

Appendix AThe Constitution of the United States

Appendix BSelected Federal Statutes

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