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9781599414713

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

by
  • ISBN13:

    9781599414713

  • ISBN10:

    1599414716

  • Edition: 5th
  • Format: Paperback
  • Copyright: 2008-07-23
  • Publisher: West Academic

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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

Prefacep. iii
Table of Casesp. ix
The Development and Structure of the Federal Judicial Systemp. 1
The Nature of the Federal Judicial Function: Cases and Controversiesp. 3
General Considerationsp. 3
Issues of Parties, The Requirement of Finality, and the Prohibition Against Feigned and Collusive Suitsp. 7
Some Problems of Standing to Suep. 8
Plaintiffs' Standingp. 8
Standing to Assert the Rights of Others and Related Issues Involving "Facial Challenges" to Statutesp. 17
Mootnessp. 28
Ripenessp. 29
Political Questionsp. 32
The Original Jurisdiction of the Supreme Courtp. 37
Cases in Which a State is a Partyp. 37
Extraordinary Writs and the Original Jurisdictionp. 40
Congressional Control of the Distribution of Judicial Power Among Federal and State Courtsp. 43
Congressional Regulation of Federal Jurisdictionp. 43
Congressional Authority to Allocate Judicial Power to Non-Article III Federal Tribunalsp. 48
Note on Military Tribunals or Commissionsp. 54
Hamdan v. Rumsfeldp. 62
Note on Hamdan and Surrounding Issuesp. 78
Federal Authority and State Court Jurisdictionp. 80
Review of State Court Decisions By the Supreme Courtp. 85
The Establishment of the Jurisdictionp. 85
The Relation Between State and Federal Lawp. 85
Substantive Lawp. 86
Procedural Requirementsp. 90
Review of Fact and of Application of Law to Factp. 91
Final Judgments and the Highest State Courtp. 92
The Law Applied in Civil Actions in the District Courtsp. 95
Procedurep. 95
The Powers of the Federal Courts in Defining Primary Legal
Obligations That Fall Within the Legislative Competence of the Statesp. 95
Enforcing State-Created Obligations-Equitable Remedies and Procedurep. 96
The Effect of State Law (and of Private Agreement) on the Exercise of Federal Jurisdictionp. 97
Federal Common Lawp. 99
Defining Primary Obligationsp. 99
Civil Actionsp. 99
Enforcing Primary Obligationsp. 112
Civil Actionsp. 112
Remedies for Constitutional Violationsp. 118
The Federal Question Jurisdiction of the District Courtsp. 121
Introductionp. 121
The Scope of the Constitutional Grant of Federal Question Jurisdictionp. 121
The Scope of the Statutory Grant of Federal Question Jurisdictionp. 122
The Structure of Arising Under Jurisdiction Under the Federal Question Statutep. 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] 1331p. 131
Statutory Jurisdiction Over Declaratory Judgment Actionsp. 141
Federal Question Removalp. 142
Supplemental (Pendent) Jurisdictionp. 144
Admiralty Jurisdictionp. 145
Suits Challenging Official Actionp. 147
Suits Challenging Federal Official Actionp. 147
Remediesp. 147
The Sovereign Immunity of the United States and Associated Remedial Problemsp. 147
Congressional Enactments Waiving the Sovereign Immunity of the Federal Governmentp. 148
Suits Challenging State Official Actionp. 148
The Eleventh Amendment and State Sovereign Immunityp. 148
Federal Statutory Protection Against State Official Action: Herein of 42 U.S.C. [section] 1983p. 163
Official Immunityp. 165
Judicial Federalism: Limitations on District Court Jurisdiction or Its Exercisep. 169
Statutory Limitations on Federal Court Jurisdictionp. 169
The Anti-Injunction Actp. 169
Other Statutory Restrictions on Federal Court Jurisdictionp. 169
Judicially-Developed Limitations on Federal Court Jurisdiction: Doctrines of Equity, Comity, and Federalismp. 170
Exhaustion of State Nonjudicial Remediesp. 170
Abstention: Pullman and Related Doctrinesp. 171
Equitable Restraintp. 172
Matters of Domestic Relations and Probatep. 173
Federal Habeas Corpusp. 177
Introductionp. 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 Writp. 195
Boumediene v. Bushp. 202
Note on Boumediene v. Bushp. 224
Note on Exhaustion of Non-Habeas Remediesp. 230
Further Questions on the Scope of Federal Habeas Corpus Jurisdiction: Proper Respondents and the Original Jurisdiction of the Supreme Courtp. 233
Collateral Attack on State Judgments of Convictionp. 237
Collateral Attack on Federal Judgments of Convictionp. 260
Advanced Problems in Judicial Federalismp. 263
Problems of Res Judicatap. 263
Other Aspects of Concurrent or Successive Jurisdictionp. 264
The Diversity Jurisdiction of the Federal District Courtsp. 271
Introductionp. 271
Elements of Diversity Jurisdictionp. 271
Jurisdictional Amountp. 275
Supplemental Jurisdictionp. 276
The Future of Diversity Jurisdictionp. 280
Additional Problems of District Court Authority to Adjudicatep. 281
Challenges to Jurisdictionp. 281
Process and Venue in Original Actionsp. 284
Removal Jurisdiction and Procedurep. 285
Appellate Review of Federal Decisions and the Certiorari Policyp. 287
Statutory Developmentp. 287
Jurisdiction of the Courts of Appealsp. 287
Review of Federal Decisions by the Supreme Courtp. 292
Limitations on Reviewp. 292
The Certiorari Policyp. 293
Table of Contents provided by Ingram. All Rights Reserved.

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