Redish and Sherry's Federal Courts,Cases, Comments and Questions, 6th

Martin H. Redish, Suzanna Sherry

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ISBN-13: 9780314162700

Last Updated: 11/6/2006

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This book is designed to present the subject of Federal Courts in a teachable and though-provoking format. Cases are edited for length, but maintain sufficient detail to give students enough material to ponder the complexity of the subject. The book also includes an examination of academic literature - from classic articles to the most recent publications - exploring the foundations, tensions, and flaws inherent in the judicial doctrines. Textual notes add information and raise further questions, but they are kept to a reasonable length.

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Table of Contents (PDF) »

Table of Authorities (PDF) »

Index (PDF) »

Summary Of Contents

Summary of Contents (PDF) »

Preface To Sixth Edition
Preface To Fifth Edition
Preface To Fourth Edition
Preface To Third Edition
Preface To Second Edition
Preface To First Edition
Table Of Cases
Chapter
1. Issues in Judicial Review
  1. The Institution of Judicial Review
  2. Standing
  3. Mootness
  4. Ripeness
  5. The Political Question Doctrine
2. Congressional Power to Control Federal Jurisdiction
  1. Congressional Power to Regulate Lower Federal Court Jurisdiction
  2. Congressional Power to Regulate Supreme Court Appellate Jurisdiction
  3. Congressional Power to Control Judicial Decisions
  4. Congressional Power to Vest Article III Courts With Non– Article III Power
3. Legislative Courts
  1. The Background to Legislative Courts: Review of "Constitutional Facts"
  2. Legislative Courts and Article III
4. Recurring Themes in Judicial Federalism
5. State Courts and Federal Power
  1. State Court Power to Enforce Federal Law
  2. State Court Obligation to Enforce Federal Law
6. Remedies Against State and Local Action: 42 U.S.C.A. § 1983
  1. Under Color of Law
  2. Liability
  3. Immunities
7. State Sovereign Immunity
  1. Foundations
  2. Interpretations
  3. Abrogation
8. Abstention
  1. The Various Abstention Doctrines
  2. Parallel State and Federal Proceedings
  3. Procedural Aspects
9. Anti–Injunction Act
  1. Historical Background
  2. The "Relitigation" Exception
  3. The "Expressly Authorized" Exception
  4. The "In Aid of Jurisdiction" Exception
  5. Other Statutory Restrictions on Federal Injunctions Against State Activities
10. "Our Federalism"
11. Res Judicata In The Federal System
12. Habeas Corpus
  1. Introduction
  2. The Exhaustion Requirement
  3. Procedural Default
  4. Scope of Review
  5. Deference to State Court Decisions
13. Federal Question Jurisdiction
  1. The Constitutional Scope
  2. The Statutory Framework
  3. The "Well–Pleaded Complaint" Rule
14. Diversity Jurisdiction
  1. The Basic Policies
  2. Corporations and Associations
  3. Determination of Domicile
  4. Judicially Imposed Limits on The Exercise of Diversity Jurisdiction
  5. Jurisdictional Amount
  6. Manufactured Diversity
15. Supplemental Jurisdiction
  1. Concepts and Historical Development
  2. The Concept of "Common Nucleus of Operative Fact"
  3. The Supplemental Jurisdiction Act
16. Removal Jurisdiction and Procedure
  1. Federal Question Removal
  2. Federal Officer Removal
  3. Procedure on Removal
17. Federal Common Law
  1. Federal Proprietary Interests and the Sources of Federal Common Law
  2. Foreign Relations
  3. Interstate Pollution
  4. Constitutional Common Law
  5. Implied Statutory Remedies
  6. Admiralty
18. Supreme Court Appellate Jurisdiction
  1. Method of Obtaining Appellate Review
  2. Review of "Final Judgments or Decrees"
  3. The "Adequate and Independent State Ground" Doctrine
Appendices
1. The Constitution of the United States of America
2. Excerpts From 28 U.S.C.A.
Index