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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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