Hart and Wechsler's The Federal Courts and The Federal System, 2008

by Fallon, Richard H., Jr.

• ISBN13: 9781599414713
• ISBN10: 1599414716
• Edition: 5th
• Format: Paperback
• Copyright: 2008-07-23
• Publisher: West Academic

Summary

This 2008 Supplement updates the main text with recent developments. Topics discussed include the development and structure of the federal judicial system; cases and controversies; the original jurisdiction of the Supreme Court; the distribution of judicial power among federal and state courts; review of state court decisions by the Supreme Court; civil actions in the district courts; federal common law; jurisdiction of the district courts; suits challenging official action; limitations on district court jurisdiction; federal habeas corpus; problems of district court jurisdiction; and appellate review of federal decisions.

Author Biography

Richard H. Fallon, Jr. Ralph S. Tyler, Jr. Professor of Constitutional Law Harvard Law School John F. Manning Bruce Bromley Professor of Law Harvard Law School Daniel J. Meltzer Story Professor of Law Harvard Law School David L. Shapiro William Nelson Cromwell Professor of Law, Emeritus Harvard Law School

Table of Contents

Preface	p. iii
Table of Cases	p. ix
The Development and Structure of the Federal Judicial System	p. 1
The Nature of the Federal Judicial Function: Cases and Controversies	p. 3
General Considerations	p. 3
Issues of Parties, The Requirement of Finality, and the Prohibition Against Feigned and Collusive Suits	p. 7
Some Problems of Standing to Sue	p. 8
Plaintiffs' Standing	p. 8
Standing to Assert the Rights of Others and Related Issues Involving "Facial Challenges" to Statutes	p. 17
Mootness	p. 28
Ripeness	p. 29
Political Questions	p. 32
The Original Jurisdiction of the Supreme Court	p. 37
Cases in Which a State is a Party	p. 37
Extraordinary Writs and the Original Jurisdiction	p. 40
Congressional Control of the Distribution of Judicial Power Among Federal and State Courts	p. 43
Congressional Regulation of Federal Jurisdiction	p. 43
Congressional Authority to Allocate Judicial Power to Non-Article III Federal Tribunals	p. 48
Note on Military Tribunals or Commissions	p. 54
Hamdan v. Rumsfeld	p. 62
Note on Hamdan and Surrounding Issues	p. 78
Federal Authority and State Court Jurisdiction	p. 80
Review of State Court Decisions By the Supreme Court	p. 85
The Establishment of the Jurisdiction	p. 85
The Relation Between State and Federal Law	p. 85
Substantive Law	p. 86
Procedural Requirements	p. 90
Review of Fact and of Application of Law to Fact	p. 91
Final Judgments and the Highest State Court	p. 92
The Law Applied in Civil Actions in the District Courts	p. 95
Procedure	p. 95
The Powers of the Federal Courts in Defining Primary Legal
Obligations That Fall Within the Legislative Competence of the States	p. 95
Enforcing State-Created Obligations-Equitable Remedies and Procedure	p. 96
The Effect of State Law (and of Private Agreement) on the Exercise of Federal Jurisdiction	p. 97
Federal Common Law	p. 99
Defining Primary Obligations	p. 99
Civil Actions	p. 99
Enforcing Primary Obligations	p. 112
Civil Actions	p. 112
Remedies for Constitutional Violations	p. 118
The Federal Question Jurisdiction of the District Courts	p. 121
Introduction	p. 121
The Scope of the Constitutional Grant of Federal Question Jurisdiction	p. 121
The Scope of the Statutory Grant of Federal Question Jurisdiction	p. 122
The Structure of Arising Under Jurisdiction Under the Federal Question Statute	p. 123
Grable & Sons Metal Prods., Inc. v. Darue Engineering & Mfg.	p. 125
Note on the Scope of "Arising Under" Jurisdiction Under 28 U.S.C. [section] 1331	p. 131
Statutory Jurisdiction Over Declaratory Judgment Actions	p. 141
Federal Question Removal	p. 142
Supplemental (Pendent) Jurisdiction	p. 144
Admiralty Jurisdiction	p. 145
Suits Challenging Official Action	p. 147
Suits Challenging Federal Official Action	p. 147
Remedies	p. 147
The Sovereign Immunity of the United States and Associated Remedial Problems	p. 147
Congressional Enactments Waiving the Sovereign Immunity of the Federal Government	p. 148
Suits Challenging State Official Action	p. 148
The Eleventh Amendment and State Sovereign Immunity	p. 148
Federal Statutory Protection Against State Official Action: Herein of 42 U.S.C. [section] 1983	p. 163
Official Immunity	p. 165
Judicial Federalism: Limitations on District Court Jurisdiction or Its Exercise	p. 169
Statutory Limitations on Federal Court Jurisdiction	p. 169
The Anti-Injunction Act	p. 169
Other Statutory Restrictions on Federal Court Jurisdiction	p. 169
Judicially-Developed Limitations on Federal Court Jurisdiction: Doctrines of Equity, Comity, and Federalism	p. 170
Exhaustion of State Nonjudicial Remedies	p. 170
Abstention: Pullman and Related Doctrines	p. 171
Equitable Restraint	p. 172
Matters of Domestic Relations and Probate	p. 173
Federal Habeas Corpus	p. 177
Introduction	p. 177
Note on the Availability of Habeas Corpus to Challenge Detention Arising From the "War on Terror"	p. 177
Note on Courts, Justices, and Judges Authorized to Grant the Writ	p. 195
Boumediene v. Bush	p. 202
Note on Boumediene v. Bush	p. 224
Note on Exhaustion of Non-Habeas Remedies	p. 230
Further Questions on the Scope of Federal Habeas Corpus Jurisdiction: Proper Respondents and the Original Jurisdiction of the Supreme Court	p. 233
Collateral Attack on State Judgments of Conviction	p. 237
Collateral Attack on Federal Judgments of Conviction	p. 260
Advanced Problems in Judicial Federalism	p. 263
Problems of Res Judicata	p. 263
Other Aspects of Concurrent or Successive Jurisdiction	p. 264
The Diversity Jurisdiction of the Federal District Courts	p. 271
Introduction	p. 271
Elements of Diversity Jurisdiction	p. 271
Jurisdictional Amount	p. 275
Supplemental Jurisdiction	p. 276
The Future of Diversity Jurisdiction	p. 280
Additional Problems of District Court Authority to Adjudicate	p. 281
Challenges to Jurisdiction	p. 281
Process and Venue in Original Actions	p. 284
Removal Jurisdiction and Procedure	p. 285
Appellate Review of Federal Decisions and the Certiorari Policy	p. 287
Statutory Development	p. 287
Jurisdiction of the Courts of Appeals	p. 287
Review of Federal Decisions by the Supreme Court	p. 292
Limitations on Review	p. 292
The Certiorari Policy	p. 293
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