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9780735527188

Federal Jurisdiction

by ;
  • ISBN13:

    9780735527188

  • ISBN10:

    0735527180

  • Edition: 4th
  • Format: Paperback
  • Copyright: 2003-05-01
  • Publisher: Wolters Kluwer
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List Price: $51.00

Summary

Widely regarded as the core text in federal jurisdiction, Erwin Chemerinsky treatise covers this complex area of law with unrivaled clarity and authority. His approach To The material is straightforward - first defining the law, next identifying unresolved issues, then examining the underlying policy ramifications. Chemerinsky treats doctrine and policy issues more thoroughly than other text - always with a balanced view that articulates all sides of an issue. Designed to accompany any of the major casebooks, this title is frequently assigned as the course text by instructors who prefer to supply their own case materials. A cornerstone of federal jurisdiction courses, this leading treatise offers: an authoritative overview of federal jurisdiction that clearly states the current law, identifies unresolved issues, then explains the underlying doctrinal and policy debates a closer look at underlying doctrine than other texts, helping students to gain a better grasp of the fundamental legal issues and policy ramifications behind federal jurisdiction cases a balanced approach to arguments and case material, providing students with a well-rounded view of case precedent and a keen appreciation of the arguments on both sides of a given issue. This new 2003 edition has been thoroughly updated to include: new coverage of sovereign immunity in such cases as Florida Prepaid v. College Savings Bank, Kimel v. Florida Board of Regents, University of Alabama v. Garrett, Federal Maritime Commission v. South Carolina and others more on restrictions of jurisdiction with particular attention to immigration cases such as St. Cyr v. INS and Zadvydas v. Davis, As well as parts of the USA Patriot Act And The Executive Order establishing military tribunals recent U.S. Supreme Court cases on habeas corpus covering the courtiquest;s interpretations of the Antiterrorism and Effective Death Penalty in Williams v. Taylor, Tyler v. Cain, Artus v. Bennett, and others

Table of Contents

Preface xxi
Acknowledgments xxv
Introduction: Historical Background and Contemporary Themes
1(40)
Article III of the Unites States Constitution
1(8)
The Judiciary Act of 1789
9(3)
Marbury v. Madison and the Meaning of Article III
12(8)
The Structure and Authority of the Federal Courts: A History of Federal Jurisdiction Since the Judiciary Act of 1789
20(13)
Introduction
20(1)
The Supreme Court of the United States
21(3)
The United States Courts of Appeals
24(2)
The United States District Courts
26(2)
Specialized federal courts
28(2)
The future structure of the federal courts
30(3)
Separation of Powers and Federalism as Unifying Themes in the Law and Study of Federal Jurisdiction
33(8)
PART I Constitutional and Statutory Limits on Federal Court Jurisdiction
41(350)
Justiciability: Constitutional and Prudential Limits on Federal Judicial Power
43(126)
Introduction
44(4)
The Prohibition Against Advisory Opinions
48(8)
Standing
56(57)
Introduction
56(5)
Injury
61(13)
Causation and redressability
74(9)
The limitation on third-party standing
83(6)
The prohibition against generalized grievances
89(8)
The requirement that the plaintiff be within the zone of interests protected by the statute
97(6)
Special standing problems: Organizations, legislators, and government entities
103(10)
Ripeness
113(12)
Introduction
113(3)
Criteria for determining ripeness: The hardship to denying review
116(7)
Criteria for determining ripeness: The fitness of the issues and record for judicial review
123(2)
Mootness
125(18)
Description of the mootness doctrine
125(3)
Exceptions to the mootness doctrine: Collateral consequences
128(3)
Exceptions to the mootness doctrine: Wrongs capable of repetition yet evading review
131(5)
Exceptions to the mootness doctrine: Voluntary cessation
136(4)
Exceptions to the mootness doctrine: Class actions
140(3)
The Political Question Doctrine
143(26)
What is the political question doctrine?
143(3)
Should there be a political question doctrine?
146(4)
The ``republican form of government'' clause and judicial review of the electoral process
150(5)
Foreign policy
155(4)
Congressional self-governance
159(2)
The process for ratifying constitutional amendments
161(3)
Excessive interference with coordinate branches of government
164(2)
Impeachment and removal from office
166(3)
Congressional Control of Federal and State Court Jurisdiction
169(46)
Introduction
169(7)
Congressional Restriction of the Jurisdiction of the United States Supreme Court
176(15)
Congressional Restriction of Lower Federal Court Jurisdiction
191(16)
Congressional Power to Enlarge the Jurisdiction of the Federal Courts
207(3)
Congressional Power to Have State Courts Decide Federal Law Matters
210(5)
Congressional Power to Create Legislative Courts
215(44)
Introduction
215(4)
Legislative Courts for the Territories and the District of Columbia
219(5)
Legislative Courts for the Military
224(6)
Legislative Courts for Civil Disputes Between the Government and Private Citizens
230(5)
Legislative Courts for Private Law and Criminal Matters
235(24)
Introduction: Inherently judicial matters
235(1)
The approval of legislative courts for criminal and private law matters
236(7)
Northern Pipeline Construction Co. v. Marathon Pipe Line Co.
243(8)
The law after Northern Pipeline: The Supreme Court's decisions in Thomas and Schor
251(8)
The Subject Matter Jurisdiction of the Federal Courts
259(94)
Introduction
259(6)
Federal Question Jurisdiction
265(23)
Introduction
265(5)
The meaning of ``arising under'' federal law for purposes of Article III
270(6)
The meaning of ``arising under'' federal law for purposes of the federal question jurisdiction statute
276(12)
Diversity and Alienage Jurisdiction
288(41)
Introduction
288(1)
The debate over the retention or elimination of diversity jurisdiction
289(5)
The determination of whether there is diversity of citizenship
294(10)
The determination of the amount in controversy
304(6)
The choice of law in diversity cases
310(19)
Supplemental Jurisdiction
329(13)
Removal Jurisdiction
342(11)
Federal Common Law
353(38)
Introduction
353(6)
The Development of Federal Common Law to Protect Federal Interests
359(17)
Introduction
359(3)
Federal common law to protect federal proprietary interests in suits involving the United States or its officers
362(6)
Federal common law to protect federal interests in suits between private parties
368(5)
Federal common law to protect federal interests in international relations
373(1)
Federal common law to resolve disputes between states
374(2)
The Development of Federal Common Law to Effectuate Congressional Intent
376(15)
Introduction
376(1)
Congressional authorization for federal courts to create a body of common law rules
377(3)
Private rights of action
380(11)
PART II Federal Court Relief Against Government and Government Officers
391(244)
Suits Against State Governments: The Eleventh Amendment and Sovereign Immunity
393(70)
Introduction
393(4)
History of the Ratification of the Eleventh Amendment
397(5)
What Does the Eleventh Amendment Mean? Competing Theories
402(7)
The Application of the Eleventh Amendment: What's Barred and What's Allowed
409(9)
Ways Around the Eleventh Amendment: Suits Against State Officers
418(21)
Suits against state officers for injunctive relief
419(4)
Suits against state officers for monetary relief
423(7)
Exceptions to Ex parte Young
430(9)
Ways Around the Eleventh Amendment: Waiver
439(7)
Ways Around the Eleventh Amendment: Suits Pursuant to Federal Laws
446(17)
Federal Court Relief Against Local Governments and State and Local Government Officers: 42 U.S.C. §1983
463(124)
Introduction
464(5)
The Historical Background of §1983 Litigation
469(5)
The Meaning of ``Under Color of State Law''
474(7)
Exhaustion of State Remedies Is Not Required for §1983 Litigation
481(8)
Who Is a ``Person'' for Purposes of §1983 Liability? Municipal Governments
489(20)
Are municipalities ``persons'' and, if so, when are they liable?
489(5)
How is the existence of an official municipal policy proven?
494(12)
Municipal immunities
506(1)
Municipal liability: Conclusion
507(2)
Who Is a ``Person'' for Purposes of §1983 Liability? The Liability of Individual Officers
509(31)
Introduction to individual officers' immunities
509(7)
Absolute immunity
516(12)
Qualified immunity
528(12)
Who Is a ``Person'' for Purposes of §1983 Liability? State Governments and Territories
540(2)
What Federal Laws May Be Enforced via §1983 Actions?
542(11)
When May §1983 Be Used for Constitutional Claims?
553(16)
Preclusive Effects of State Court Judgments and Proceedings
569(9)
The Remedies Available in §1983 Litigation
578(9)
Federal Court Relief Against Federal Officers and the Federal Government
587(48)
Suits Against Federal Officers
587(23)
Introduction
587(3)
The cause of action against federal officers for monetary relief
590(6)
Exceptions: Situations where Bivens suits are not allowed
596(8)
Bivens suits against government entities
604(4)
Procedures in Bivens suits
608(2)
Suits Against the Federal Government
610(25)
The principle of sovereign immunity
610(5)
Injuctive relief against the United States
615(1)
The Federal Tort Claims Act
616(14)
The Tucker Act
630(5)
PART III Federal Court Review of State Court Judgments and Proceedings
635(304)
United States Supreme Court Review
637(76)
Introduction
637(3)
The Supreme Court's Authority to Review State Court Judgments and Proceedings
640(7)
How Cases Come to the United States Supreme Court
647(17)
The Supreme Court's original jurisdiction
647(7)
The distinction between appeal and certiorari
654(4)
Supreme Court review of the final judgments of a state's highest court
658(1)
Supreme Court review of the decisions of lower federal courts
658(4)
The proposals for a National Court of Appeals
662(2)
The Final Judgment Rule
664(20)
Introduction
664(2)
Review of the final judgment of a state's highest court
666(12)
Supreme Court review of final judgments of the United States Courts of Appeals
678(6)
The Supreme Court's Refusal to Review Highest State Court Decisions If There Are Independent and Adequate State Law Grounds Supporting the Result
684(29)
The independent and adequate state grounds doctrine
684(6)
What is an adequate state ground of decision?
690(12)
What is an independent state ground of decision?
702(11)
Statutory Control of the Relationship Between Federal Courts and the States
713(48)
Introduction
713(3)
The Anti-Injunction Act
716(17)
Overview and background of the Anti-Injunction Act
716(5)
Injunctions that are expressly authorized by statute
721(4)
Injunctions in aid of jurisdiction
725(4)
Injunctions to promote or effectuate a federal court's judgment
729(4)
Additional exceptions to the Anti-Injunction Act
733(1)
The Tax Injunction Act
733(11)
The Johnson Act: A Prohibition of Federal Court Injunctions of State Rate Orders
744(3)
The Civil Rights Removal Act
747(14)
Introduction
747(2)
Removal because of the denial in state court of rights secured by federal civil rights laws
749(9)
Removal because the defendant's conduct was required by federal civil rights laws
758(3)
Federal Court Abstention Because of Unclear State Law
761(34)
Introduction: Abstention Defined
761(2)
When Is Abstention Because of Unclear State Law Appropriate?
763(22)
Abstention to avoid federal court constitutional rulings: Pullman abstention
763(12)
Abstention because of unclear state law in diversity cases: Thibodaux abstention
775(5)
Abstention to defer to complex state administrative procedures: Burford abstention
780(5)
The Procedures When There Is Federal Court Abstention
785(10)
Federal Court Abstention to Avoid Interference with Pending State Proceedings
795(42)
Introduction
795(2)
Younger v. Harris: ``Our Federalism'' Described and Analyzed
797(9)
The Extension of Younger v. Harris
806(24)
Declaratory and monetary relief when there are pending state court proceedings
806(4)
Federal court declaratory and injunctive relief in the absence of pending state proceedings
810(7)
The application of Younger abstention to pending state civil proceedings
817(7)
The application of Younger abstention to pending state administrative proceedings
824(4)
The application of Younger abstention to prevent federal court injunctive and declaratory relief against the executive branches of state and local governments
828(2)
Exception to the Younger Doctrine
830(7)
Abstention to Avoid Duplicative Litigation
837(24)
The Problem of Duplicative Litigation
837(4)
When Should Federal Courts Abstain Because of Duplicative Litigation in State Courts?
841(11)
The Future Course of Colorado River Abstention: Unresolved Questions Concerning Abstention to Avoid Duplicative Litigation
852(6)
Procedural Aspects of Colorado River Abstention
858(3)
Federal Court Collateral Review of Criminal Convictions: Habeas Corpus
861(78)
Introduction
861(7)
A Brief History of Habeas Corpus in the United States
868(5)
The Statutory Framework: The Procedures in Habeas Corpus Review
873(7)
Prerequisites for Habeas Corpus: Custody, Exhaustion, and No Successive Petitions
880(16)
The requirement for custody
880(3)
The requirement for exhaustion of state procedures
883(9)
The prohibition against successive habeas corpus petitions
892(4)
The Issues That Can Be Litigated in Federal Court Habeas Corpus Proceedings
896(43)
What constitutional issues may be raised on habeas corpus? The bar against seeking ``new'' constitutional rules on habeas corpus
897(8)
When may a defendant present issues on habeas corpus that were not raised in state court? The effect of state court procedural defaults
905(16)
When may a defendant relitigate on habeas corpus issues that were raised and litigated in state court?
921(10)
When can facts be retried on federal habeas corpus review?
931(8)
Appendix A The Constitution of the United States 939(18)
Appendix B Selected Federal Statutes 957(48)
Table of Cases 1005(32)
Index 1037

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