Examples Explanations For Federal Courts

Autor: Laura E. Little
Publisher: Wolters Kluwer Law & Business
ISBN: 1454841605
File Size: 57,58 MB
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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures

A Matter Of Interpretation Federal Courts And The Law

Autor: Antonin Scalia
Publisher: Princeton University Press
ISBN: 1400882958
File Size: 27,14 MB
Format: PDF, Kindle
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Federal Courts Cases And Materials On Judicial Federalism And The Lawyering Process

Autor: Arthur D. Hellman
Publisher: LexisNexis
ISBN: 0327194952
File Size: 73,24 MB
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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: • This book gives sustained and systematic attention to the role of state courts as a forum for litigation of federal issues. • 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.

Federal Courts

Autor: Michael P. Allen
Publisher: Wolters Kluwer Law & Business
ISBN: 1454838280
File Size: 26,51 MB
Format: PDF, Kindle
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An innovative, highly accessible casebook that features problems, cases connected by narrative text, charts, and graphs, all presented in a manner suited to multiple teaching approaches. Features: Incorporates problems throughout each chapter allowing students to reinforce their understanding of basic doctrine and to explore doctrine in greater depth. Presents information graphically through charts and diagrams to appeal to multiple learning styles and reinforce student comprehension. Includes all relevant statutes, rules, and constitutional provisions. Includes a comprehensive Teachers Manual with the authors suggestions for using chapter materials, the authors views about the text problems, and other supporting materials and references. Presents topics that otherwise overlap with coverage in Civil Procedure (e.g., subject matter jurisdiction) in a manner that leads to more advanced and interesting treatment.

The Federal Courts

Autor: Peter Charles Hoffer
Publisher: Oxford University Press
ISBN: 0199387907
File Size: 76,12 MB
Format: PDF, ePub
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There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

Environmental Change

Autor: Rosemary O'Leary
Publisher: Temple University Press
ISBN: 9781566393966
File Size: 62,15 MB
Format: PDF, Docs
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Environmental Change examines the impact of hundreds of federal court decisions on the policies and administration of the EPA since its inception in 1970. Having surveyed over 2,000 federal court decisions, Rosemary O'Leary presents case studies of five important policy areas: water quality, pesticides, toxic substances, air quality, and hazardous wastes. Compliance with court orders, O'Leary discovered, has become one of the EPA's top priorities, at times overshadowing congressional mandates and the authority of EPA administrators. For an agency often caught between the White House and Congressional agendas, the competing interests of industry and environmental groups, and turf battles with other federal agencies, O'Leary argues, judicial decision making is crucial in the public policy process. Environmental Change offers valuable information in the fields of public policy and environmental law.

Federal Courts

Autor: Larry W. Yackle
Publisher:
ISBN:
File Size: 74,64 MB
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"This third edition of Federal Courts offers a succinct account of the law governing the tribunals that exercise the judicial power of the United States. It provides lawyers and law students with a concise presentation of the constitutional principles, statutes, and judge-made doctrines covered in law school courses on the subject, typically entitled "Federal Courts" or "Federal Jurisdiction." To assist students, this book follows the subject headings, principal decisions, and commentaries emphasized in standard law school course materials. Readers who need an introduction to the basics will find it in this text; readers who need deeper analysis will find it in the exhaustive footnotes."--BOOK JACKET.

Understanding Federal Courts And Jurisdiction

Autor: Linda S. Mullenix
Publisher: LexisNexis
ISBN: 1630447935
File Size: 18,75 MB
Format: PDF, Mobi
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This comprehensive Understanding treatise offers a coherent and complete overview of the complex constitutional principles and doctrines governing the federal judicial system. In a single volume, it provides a rich discussion of Article III of the United States Constitution, which governs the federal judiciary, and explains the role of Congress in regulating the federal courts' jurisdiction. After explaining the constitutional and statutory bases for federal jurisdiction, the treatise discusses the intricate case law on the statutory procedures relevant to litigating actions in federal courts. The treatise concludes with an exploration of the important federalism problems inherent in our dual system of courts, and the interrelationship of federal and state courts. Focusing on the relevant statutes and Supreme Court and appellate doctrine, Understanding Federal Courts and Jurisdiction covers all aspects of federal jurisdiction: justiciability, including standing, mootness, ripeness, and political questions; and the major types of federal jurisdiction, federal question and diversity, as well as the supplemental jurisdiction statute. The procedural portion of the treatise covers removal, venue, transfer of venue, personal jurisdiction in the federal courts, and multidistrict litigation. The federalism discussion includes a coherent review of the abstention doctrines, the Anti-Injunction Act, the Eleventh Amendment, the Erie doctrine, and intersystem preclusion. Understanding Federal Courts and Jurisdiction is ideal for students in the basic procedure course as well as upper division federal jurisdiction and practice courses. It also provides new and experienced federal practitioners with the basic principles and solid basis for further research. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Federal Courts

Autor: Jonathan R. Siegel
Publisher: Wolters Kluwer Law & Business
ISBN: 1454860987
File Size: 54,24 MB
Format: PDF, ePub, Mobi
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This new casebook provides clear and comprehensive coverage with thoughtful case selection and an engaging presentation. Grounded in essential cases and doctrines, it makes a difficult subject accessible for students while providing a thorough, nuanced treatment of the course. For use in a 3- or 4-credit course in Federal Courts or Federal Jurisdiction. Key Features More cases, fewer notes Thoughtful case selection Emphasis on canonical cases Notes that provide nuanced understanding, but that don't bog things down with every last detail Discussion problems provided throughout Comprehensive coverage, including It covers Justiciability, Jurisdiction, Erie & Federal Common Law, Lawsuits Against Governments and Government Officials (Federal and State Sovereign Immunity, Bivens, Section 1983, and Official Immunity), Abstention Doctrines, Supreme Court Review of State Courts, and Habeas Corpus.