Hart and Wechsler's the Federal Courts and the Federal System : 2000 Supplement

by Fallon, Richard H.; Meltzer, Daniel J.; Shapiro, David L.

• ISBN13: 9781566629195
• ISBN10: 1566629195
• Edition: 4th
• Format: Paperback
• Copyright: 2000-01-01
• Publisher: West Information Pub Group

Table of Contents

Preface	iii
Table of Cases	ix
The Development and Structure of the Federal Judicial System	1	(3)
The Nature of the Federal Judicial Function: Cases and Controversies	4	(26)
General Considerations	4	(3)
Issues of Parties, the Requirement of Finality, and the Prohibition Against Feigned and Collusive Suits	7	(4)
Some Problems of Standing to Sue	11	(16)
Plaintiffs' Standing	11	(11)
Defendants' Standing	22	(5)
Mootness	27	(1)
Ripeness	28	(1)
Political Questions	29	(1)
The Original Jurisdiction of the Supreme Court	30	(1)
Introductory Note on the Power of Congress to Regulate the Jurisdiction	30	(1)
Congressional Control of the Distribution of Judicial Power Among Federal and State Courts	31	(12)
Congressional Regulation of Federal Jurisdiction	31	(7)
Authority to Allocate Judicial Power to Non-Article III Federal Tribunals	38	(1)
Federal Authority and State Court Jurisdiction	39	(4)
Review of State Court Decisions by the Supreme Court	43	(6)
The Establishment of the Jurisdiction	43	(1)
The Relation Between State and Federal Law	43	(5)
Substantive Law	43	(2)
Procedural Requirements	45	(1)
Application of Law to Fact	46	(2)
Final Judgments and the Highest State Court	48	(1)
The Law Applied in Civil Actions in the District Courts	49	(9)
Procedure	49	(2)
The Powers of the Federal Courts in Defining Primary Legal Obligations That Fall Within the Legislative Competence of the States	51	(1)
Enforcing State-Created Obligations--Equitable Remedies and Procedure	52	(4)
The Effect of State Law (and of Private Agreement) on the Exercise of Federal Jurisdiction	56	(2)
Federal Common Law	58	(15)
Defining Primary Obligations	58	(7)
Enforcing Primary Obligations	65	(8)
Civil Actions by the Federal Government	65	(1)
Private Civil Actions	66	(3)
Remedies for Constitutional Violations	69	(4)
The Federal Question Jurisdiction of the District Courts	73	(7)
Introduction	73	(1)
The Scope of the Constitutional Grant of Federal Question Jurisdiction	73	(1)
The Scope of the Statutory Grant of Federal Question Jurisdiction	74	(1)
Federal Question Removal	75	(1)
Supplemental (Pendent) Jurisdiction	76	(2)
Related Heads of Jurisdiction	78	(2)
Suits Challenging Official Action	80	(81)
Suits Challenging Federal Official Action	80	(3)
The Sovereign Immunity of the United States and Associated Remedial Problems	80	(3)
Suits Challenging State Official Action	83	(74)
The Eleventh Amendment and State Sovereign Immunity	83	(3)
Seminole Tribe of Florida v. Florida	86	(23)
Note on Congressional Power to Abrogate State Immunity and on State Consent to Suit in Federal Court	109	(15)
Alden v. Maine	124	(22)
Note on the Alden Case, Its Rationale and Implications	146	(6)
Federal Constitutional Protection Against State Official Action	152	(1)
Federal Statutory Protection Against State Official Action: Herein of 42 U.S.C. § 1983	152	(5)
Official Immunity	157	(4)
Judicial Federalism: Limitations on District Court Jurisdiction or Its Exercise	161	(14)
Introduction: The Coordination of Concurrent Jurisdiction in a Federal System	161	(1)
Statutory Limitations on Federal Court Jurisdiction	162	(2)
The Anti-Injunction Act	162	(1)
Other Statutory Restrictions on Federal Court Jurisdiction	163	(1)
Doctrines of Equity, Comity, and Federalism	164	(11)
Exhaustion of State Nonjudicial Remedies	164	(1)
Abstention: Pullman and Related Doctrines	165	(6)
Parallel Proceedings	171	(1)
Matters of Domestic Relations and Probate	172	(3)
Federal Habeas Corpus	175	(38)
Introduction	175	(1)
Collateral Attack on State Judgments of Conviction	176	(33)
Introductory Note on the Operation of Federal Habeas Corpus Jurisdiction for State Prisoners	176	(33)
Collateral Attack on Federal Judgments of Conviction	209	(4)
Advanced Problems in Judicial Federalism	213	(7)
Problems of Res Judicata	213	(3)
Other Aspects of Concurrent or Successive Jurisdiction	216	(4)
The Diversity Jurisdiction of the Federal District Courts	220	(4)
Introduction	220	(1)
Elements of Diversity Jurisdiction	220	(1)
Jurisdictional Amount	221	(1)
Supplemental (Ancillary) Jurisdiction	221	(3)
Additional Problems of District Court Jurisdiction	224	(5)
Challenges to Jurisdiction	224	(1)
Process and Venue in Original Actions	225	(2)
Removal Jurisdiction and Procedure	227	(2)
Appellate Review of Federal Decisions and the Certiorari Policy	229
Jurisdiction of the Courts of Appeals	229
Review of Federal Decisions by the Supreme Court	231
The Certiorari Policy	232