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Federal Jurisdiction, Fifth Edition (Aspen Treatise), by Erwin Chemerinsky
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This premier treatise offers a powerful exploration of the underlying polices and the doctrine of federal jurisdiction. Erwin Chemerinsky, one of the nation's leading authorities in this area of the law, clearly identifies current law and unresolved issues surrounding it and then examines the competing policy considerations, articulating varying viewpoints clearly and in evenhandedly. Federal Jurisdiction, Fifth Edition, thoroughly updated to reflect important recent developments, is designed to accompany any of the major textbooks and is frequently used as the primary course text by instructors who then supply their own case material.
This highly acclaimed text provides solid underpinnings for federal jurisdiction courses, offering:
- comprehensive coverage, with clear descriptions of the law and issues and in-depth analyses of the doctrines and policies that determine the jurisdiction of the federal courts
- a clear overview of current law along with unresolved issues followed by a straightforward explanation of the underlying, competing policy considerations involved
- a balanced treatment of the material, presenting multiple viewpoints and describing for students all sides of the issues
Updated to reflect important recent developments, the Fifth Edition addresses
- the impact of war on terrorism on federal jurisdiction issues, including restriction of federal court jurisdiction and the availability of habeas corpus for those in Guantanamo
- new developments in justiciability, especially as to whether challenges to partisan gerrymandering are a nonjusticiable political question
- major new cases with regard to sovereign immunity, including Congress' power to authorize suits against state governments (Nevada Department of Human Resources v. Hibbs, Tennessee v. Lane, United States v. Georgia) and the Supreme Court's holding that sovereign immunity does not apply in bankruptcy court
- the significant new limits on the ability to use section 1983 to enforce federal statutes
- major developments with regard to habeas corpus and the provisions of the Antiterrorism and Effective Death Penalty Act
- Sales Rank: #447917 in Books
- Brand: Brand: Aspen Publishers
- Published on: 2007-07-03
- Original language: English
- Number of items: 1
- Dimensions: 10.00" h x 1.50" w x 7.00" l, 2.92 pounds
- Binding: Paperback
- 1128 pages
- Used Book in Good Condition
About the Author
A graduate of Harvard Law School, Erwin Chemerinsky is the founding dean and distinguished professor of law and the Raymond Pryke Professor of First Amendment Law at the University of California, Irvine School of Law, with a joint appointment in political science. He lives in Irvine.
Most helpful customer reviews
0 of 0 people found the following review helpful.
Four Stars
By Avid Reader
Good law students. Nice reference for lawyers.
8 of 8 people found the following review helpful.
amazing study aid for federal courts
By Ms. JD
I'm a third year law student currently taking federal courts with an amazing professor. However, this book gives a thorough, unbiased analysis of this extremely complicated and often unsettled area of the law. I usually recommend the "Example & Explanations" series for a helpful guide to actually understanding material; however, Chemerinsky is able to give an easy to read, comprehensive analysis of the federal court system, including justiciability, Congressional control of Federal and State court jurisdiction, Congressional power to create legislative courts under Art. I, federal subject matter jurisdiction of the federal courts, federal common law, federal relief against federal officers (Bivens actions), suits against state governments, the 11th amendment, federal court relief against local governments and state/local officers under 28 USC 1983, federal court review of state court decisions, the Anti-Injunction Act, federal abstention, and habeas corpus.
This book is not for the introductory class in federal procedure that most law students take first year (for that I highly recommend Freer's book Acing Civil Procedure, and the Examples & Explanations series on Federal Civil Procedure). However, every law student and practicing attorney should have a copy of this book! Really helps tie all these complicated topics together.
The only downside to the 4th edition (I have the book from 2001) is that it doesn't have a good analysis of CAFA, MMTJA, or general res judicata and collateral estoppel issues. But this book is absolutely amazing! I wish every law topic had a resource this helpful and reliable.
16 of 16 people found the following review helpful.
An invaluable resource for Federal Courts
By Mark Greenbaum
All of the thousands of law school study guides tout themselves as a means of breaking down the often complex material for students. Unfortunately, however, few are able to accomplish that goal, as the study guides themselves are often almost as large as the casebooks and do little to demystify law school courses. Chemerinsky's text is a refreshing change, as his Federal Jurisdiction hornbook helps you understand what is universally seen as the hardest course in law school, Federal Courts.
Federal Courts is such a difficult class because of the sheer complexity of the material. Sadly, many students, me included, are forced to use Hart and Wechsler's Federal Courts casebook which is itself very difficult to learn from (for reasons I discuss in my review of that book). Many casebooks try to go over too much: they spend time on general principles, certainly, but often get caught up in discussing every single case with some relevance to the course, with less focus on hammering down an understanding of the general principles. Hart and Wechsler is a prime example of this. Their casebook is difficult to digest because there is so much to learn. Their endnotes are filled to the brim with hundreds of cases, many of which are unnecessary to obtain a general understanding of the course. And let's be honest, while these cases might be vital for aspiring future clerks taking Federal Courts, not all of us are clerking for the D.C. Circuit anytime soon.
Chemerinsky's hornbook very adequately solves this problem. Of all of the study guides and hornbooks I have perused in law school, Chemerinsky's book helped guide me the most, in what is the hardest class I have taken. In well-defined sections, Chemerinsky breaks down the daunting Federal Courts in a manner that is easy to read and ultimately understand. Chemerinsky clearly as well as concisely lays out a framework for each of the key bedrock principles of Federal Courts and federal jurisdiction without getting caught up in going over every possible case with implications for federal courts. Chemerinsky does discuss the key exceptions as well as minor cases, but they flow very well with his general discussions of the base material of Federal Courts. His book, therefore, was extremely easy to absorb and helped me immensely in understanding Federal Courts.
I was often bewildered and perplexed by the material discussed in Hart and Wechsler and in class lectures. Chemerinsky's book tore down much of my confusion by helping me focus on the key concepts of Federal Courts, and not getting lost in the forest of cases delineated by the casebook and by my professor. I strongly recommend that any student taking Federal Courts buy this book. It is invaluable to learning the course. You would be doing yourself a disservice if you did not take a look at Chemerinsky.
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