| Federal Jurisdiction, Fifth Edition (Aspen Treatise) |  | Author: Erwin Chemerinsky
Publisher: Aspen Publishers, Inc.
Category: Book
List Price: $68.00
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Rating:  4 reviews
Sales Rank: 20,815
Media: Paperback
Edition: 5
Pages: 1128
Number Of Items: 1
Shipping Weight (lbs): 3
Dimensions (in): 9.7 x 6.9 x 1.7
ISBN: 0735564078
Dewey Decimal Number: 347.732
EAN: 9780735564077
ASIN: 0735564078
Publication Date: July 6, 2007
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Product Description
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
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| Customer Reviews:
amazing study aid for federal courts April 20, 2008
S. Stogner (Baton Rouge)
5 out of 5 found this review helpful
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.
Blown Away May 30, 2008
The Stranger (Arlington, VA)
3 out of 3 found this review helpful
This is quite simply the best study aid I've ever encountered for any class at law school. It takes what can be an extremely dry topic (Fed Courts and/or Fed Jurisdiction) and actually makes it an enjoyable read!
My casebook did a very poor job of making a comprehensive storyline out of the federal jurisdiction issues. It was just a mish mash of "notes" on a bunch of cases with a few opinion excerpts in between. Chemerinsky masterfully creates a fluid overview of the assorted cases. He also does an amazing job of writing narratives of the key cases. His summaries often give you a better understanding of the individual cases than the opinions themselves!
One bit of warning: This is NOT a last minute study tool. If you're looking to cram then look elsewhere (although frankly, the Nutshell for this topic is horrible so I'm not even sure what you'd use). I highly recommend you invest the time in working your way through Chemerinsky. Fed Courts can get confusing but this book is as clear an explanation of any area of law as I've ever found.
Helpful December 1, 2009
Law Student
I used this book to prepare for my Federal Jurisdiction final exam. I had done about 50% of the readings for the class, and had not outlined or briefed any cases by the time reading period rolled around. I began reading about 8 days before my final, and read at a pace of about 120 pages a day (I didn't have to read the entire book). I used the book itself to create my case briefs.
The book was incredibly helpful. The concepts in fed jur, standing alone, are complex. When you put it all together, it is nearly impossible to figure out how the various doctrines fit together and where. This book helps with all that. Additionally, I referred to the Federal Courts E and E for practice problems. Finally, I skimmed sections of Pfander's hornbook to get another perspective on issues that remained difficult to comprehend. After all the reading was done, I created flowcharts of the various doctrines individually. I used the flowcharts to understand how all the doctrines all fit together. In the end, I got an A. I was happy considering my competition.
One note, this book focuses very heavily on standing, 1983, and Bivens. For my class, that was perfect. I know some other professors focus very little of their attention on 1983 and Bivens. If that is your situation, maybe this book isnt the best for you.
Essential Treatise May 5, 2008
Tax Lawyer (Wisconsin)
1 out of 3 found this review helpful
Chemerinsky has written the essential treatise on constitutional law. This book provides a clear, concise overview of all major constitutional areas--from Standing to Free Speech. While nothing can replace reading the cases themselves, this treatise is a must-have for anyone interested in an overview of constitutional law.
I especially found this book helpful in gathering resources for a constitutional law research project and in preparing for final exams. Chemerinsky summarizes the key cases. By Shepardizing those you can find the rest (for a research project). When preparing for finals, Chemerinsky's clear explanations help put all the cases in context and help you understand the Court's rich history in constitutional jurisprudence.
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