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

Erwin Chemerinsky

Wolters Kluwer Legal & Regulatory U.S.

Aspen Publishers, Incorporated

Fifth edition, Austin, [Frederick, Md, 2007

Aspen Treatise, 5th ed, Austin, Tex, 2007

United States, United States of America

5th ed, Austin, [Frederick, MD, c2007

5 edition, July 6, 2007

Volume 5, 2007

Includes index.

Introduction: historical background and contemporary themes
Justiciability: constitutional and prudential limits on federal judicial power
Congressional control of federal and state court jurisdiction
Congressional power to create legislative courts
The subject matter jurisdiction of the federal courts
Federal common law
Suits against state governments: the eleventh amendment and sovereign immunity
Federal court relief against local governments and state and local government officers: 42 U.S.C. 1983
Federal court relief against federal officers and the federal government
United States Supreme Court review
Statutory control of the relationship between federal courts and the states
Federal court abstention because of unclear state law
Federal court abstention to avoid interference with pending state proceedings
Abstention to avoid duplicative litigation
Federal court collateral review of criminal convictions: habeas corpus.

xxvi, 1084 p. ; 26 cm
Includes index

2023-06-28