Federal jurisdiction / Erwin Chemerinsky, Dean and Distinguished Professor of Law, Raymond Pryke Professor of First Amendment Law, University of California, Irvine School of Law.
2016
KF8858 .C44 2016 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
Federal jurisdiction / Erwin Chemerinsky, Dean and Distinguished Professor of Law, Raymond Pryke Professor of First Amendment Law, University of California, Irvine School of Law.
Published
New York : Wolters Kluwer, [2016]
Call Number
KF8858 .C44 2016
Edition
Seventh edition.
ISBN
9781454876618
1454876611
1454876611
Description
xxvi, 1,155 pages ; 26 cm.
System Control No.
(OCoLC)944957947
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Preface
xxi
Acknowledgments
xxv
ch. 1
Introduction: Historical Background and Contemporary Themes
1
1.1.
Article III of the U.S. Constitution
1
1.2.
Judiciary Act of 1789
9
1.3.
Marbury v. Madison and the Meaning of Article III
12
1.4.
Structure and Authority of the Federal Courts: A History of Federal Jurisdiction Since the Judiciary Act of 1789
20
1.4.1.
Introduction
20
1.4.2.
Supreme Court of the United States
21
1.4.3.
U.S. Courts of Appeals
23
1.4.4.
U.S. district courts
26
1.4.5.
Specialized federal courts
28
1.5.
Separation of Powers and Federalism as Unifying Themes in the Law and Study of Federal Jurisdiction
30
Part I Constitutional and Statutory Limits on Federal Court Jurisdiction
39
ch. 2
Justiciability: Constitutional and Prudential Limits on Federal Judicial Power
41
2.1.
Introduction
42
2.2.
Prohibition Against Advisory Opinions
46
2.3.
Standing
55
2.3.1.
Introduction
55
2.3.2.
Injury
59
2.3.3.
Causation and redressability
78
2.3.4.
limitation on third-party standing
88
2.3.5.
prohibition against generalized grievances
95
2.3.6.
requirement that the plaintiff be within the zone of interests protected by the statute
106
2.3.7.
Special standing problems: Organizations, legislators, and government entities
112
2.4.
Ripeness
124
2.4.1.
Introduction
124
2.4.2.
Criteria for determining ripeness: The hardship to denying review
127
2.4.3.
Criteria for determining ripeness: The fitness of the issues and record for judicial review
135
2.5.
Mootness
137
2.5.1.
Description of the mootness doctrine
137
2.5.2.
Exceptions to the mootness doctrine: Collateral consequences
141
2.5.3.
Exceptions to the mootness doctrine: Wrongs capable of repetition yet evading review
144
2.5.4.
Exceptions to the mootness doctrine: Voluntary cessation
149
2.5.5.
Exceptions to the mootness doctrine: Class actions
154
2.6.
Political Question Doctrine
157
2.6.1.
What is the political question doctrine?
157
2.6.2.
Should there be a political question doctrine?
160
2.6.3.
"republican form of government" clause and judicial review of the electoral process
164
2.6.4.
Foreign policy
171
2.6.5.
Congressional self-governance
175
2.6.6.
process for ratifying constitutional amendments
178
2.6.7.
Excessive interference with coordinate branches of government
181
2.6.8.
Impeachment and removal from office
182
ch. 3
Congressional Control of Federal and State Court Jurisdiction
185
3.1.
Introduction
185
3.2.
Congressional Restriction of the Jurisdiction of the U.S. Supreme Court
194
3.3.
Congressional Restriction of Lower Federal Court Jurisdiction
208
3.4.
Congressional Power to Enlarge the Jurisdiction of the Federal Courts
224
3.5.
Congressional Power to Have State Courts Decide Federal Law Matters
227
ch. 4
Congressional Power to Create Legislative Courts
233
4.1.
Introduction
233
4.2.
Legislative Courts for the Territories and the District of Columbia
238
4.3.
Legislative Courts for the Military
242
4.4.
Legislative Courts for Civil Disputes Between the Government and Private Citizens
248
4.5.
Legislative Courts for Private Law and Criminal Matters
254
4.5.1.
Introduction: Inherently judicial matters
254
4.5.2.
approval of legislative courts for criminal and private law matters
255
4.5.3.
Northern Pipeline Construction Co. v. Marathon Pipe Line Co.
262
4.5.4.
law after Northern Pipeline: The Supreme Court's decisions in Thomas and Schor
270
4.5.5.
most recent developments: Stern v. Marshall, Executive Benefits v. Arkison, and Wellness International Network Ltd. v. Sharif
274
ch. 5
Subject Matter Jurisdiction of the Federal Courts
285
5.1.
Introduction
285
5.2.
Federal Question Jurisdiction
291
5.2.1.
Introduction
291
5.2.2.
meaning of "arising under" federal law for purposes of Article III
296
5.2.3.
meaning of "arising under" federal law for purposes of the federal question jurisdiction statute
302
5.3.
Diversity and Alienage Jurisdiction
318
5.3.1.
Introduction
318
5.3.2.
debate over the retention or elimination of diversity jurisdiction
319
5.3.3.
determination of whether there is diversity of citizenship
324
5.3.4.
determination of the amount in controversy
337
5.3.5.
choice of law in diversity cases
344
5.4.
Supplemental Jurisdiction
366
5.5.
Removal Jurisdiction
379
ch. 6
Federal Common Law
389
6.1.
Introduction
389
6.2.
Development of Federal Common Law to Protect Federal Interests
395
6.2.1.
Introduction
395
6.2.2.
Federal common law to protect federal proprietary interests in suits involving the United States or its officers
399
6.2.3.
Federal common law to protect federal interests in suits between private parties
404
6.2.4.
Federal common law to protect federal interests in international relations
409
6.2.5.
Federal common law to resolve disputes between states
411
6.3.
Development of Federal Common Law to Effectuate Congressional Intent
413
6.3.1.
Introduction
413
6.3.2.
Congressional authorization for federal courts to create a body of common law rules
414
6.3.3.
Private rights of action
418
Part II Federal Court Relief Against Governments and Government Officers
429
ch. 7
Suits Against State Governments: The Eleventh Amendment and Sovereign Immunity
431
7.1.
Introduction
431
7.2.
History of the Ratification of the Eleventh Amendment
435
7.3.
What Does the Eleventh Amendment Mean? Competing Theories
441
7.4.
Application of the Eleventh Amendment and Sovereign Immunity: What's Barred and What's Allowed
448
7.5.
Ways Around the Eleventh Amendment: Suits Against State Officers
458
7.5.1.
Suits against state officers for injunctive relief
459
7.5.2.
Suits against state officers for monetary relief
464
7.5.3.
Exceptions to Ex parte Young
471
7.6.
Ways Around the Eleventh Amendment: Waiver
480
7.7.
Ways Around the Eleventh Amendment: Suits Pursuant to Federal Laws
488
ch. 8
Federal Court Relief Against Local Governments and State and Local Government Officers: 42 U.S.C. 1983
509
8.1.
Introduction
509
8.2.
Historical Background of 1983 Litigation
515
8.3.
Meaning of "Under Color of State Law"
519
8.4.
Exhaustion of State Remedies Is Not Required for 1983 Litigation
527
8.5.
Who Is a "Person" for Purposes of 1983 Liability? Municipal Governments; Supervisory Liability
536
8.5.1.
Are municipalities "persons" and, if so, when are they liable?
536
8.5.2.
How is the existence of an official municipal policy proven?
541
8.5.3.
Municipal immunities
556
8.5.4.
Municipal liability: Conclusion
558
8.5.5.
Supervisory liability
559
8.6.
Who Is a "Person" for Purposes of 1983 Liability? The Liability of Individual Officers
561
8.6.1.
Introduction to individual officers' immunities
561
8.6.2.
Absolute immunity
567
8.6.3.
Qualified immunity
582
8.7.
Who Is a "Person" for Purposes of 1983 Liability? State Governments and Territories
599
8.8.
What Federal Laws May Be Enforced via 1983 Actions?
601
8.9.
When May 1983 Be Used for Constitutional Claims?
610
8.10.
Preclusive Effects of State Court Judgments and Proceedings
629
8.11.
Remedies Available in 1983 Litigation
637
ch. 9
Federal Court Relief Against Federal Officers and the Federal Government
645
9.1.
Suits Against Federal Officers
645
9.1.1.
Introduction
645
9.1.2.
cause of action against federal officers for monetary relief
648
9.1.3.
Exceptions: Situations where Bivens suits are not allowed
654
9.1.4.
Bivens suits against government and private entities and private individuals
665
9.1.5.
Procedures in Bivens suits
669
9.2.
Suits Against the Federal Government
671
9.2.1.
principle of sovereign immunity
671
9.2.2.
Injunctive relief against the United States
676
9.2.3.
Federal Tort Claims Act
677
9.2.4.
Tucker Act
693
Part III Federal Court Review of State Court Judgments and Proceedings
697
ch. 10
U.S. Supreme Court Review
699
10.1.
Introduction
699
10.2.
Supreme Court's Authority to Review State Court Judgments and Proceedings
702
10.3.
How Cases Come to the U.S. Supreme Court
709
10.3.1.
Supreme Court's original jurisdiction
709
10.3.2.
distinction between appeal and certiorari
716
10.3.3.
Supreme Court review of the final judgments of a state's highest court
720
10.3.4.
Supreme Court review of the decisions of lower federal courts
720
10.3.5.
proposals for a National Court of Appeals
724
10.4.
Final Judgment Rule
726
10.4.1.
Introduction
726
10.4.2.
Review of the final judgment of a state's highest court
728
10.4.3.
Supreme Court review of final judgments of the U.S. Courts of Appeals
741
10.5.
Supreme Court's Refusal to Review Highest State Court Decisions If There Are Independent and Adequate State Law Grounds Supporting the Result
748
10.5.1.
independent and adequate state grounds doctrine
748
10.5.2.
What is an adequate state ground of decision?
754
10.5.3.
What is an independent state ground of decision?
766
ch. 11
Statutory Control of the Relationship Between Federal Courts and the States
777
11.1.
Introduction
777
11.2.
Anti-Injunction Act
779
11.2.1.
Overview and background of the Anti-Injunction Act
779
11.2.2.
Injunctions that are expressly authorized by statute
785
11.2.3.
Injunctions in aid of jurisdiction
789
11.2.4.
Injunctions to promote or effectuate a federal court's judgment
793
11.2.5.
Additional exceptions to the Anti-Injunction Act
797
11.3.
Statutes Limiting Enjoining the Collection of Taxes: The Tax Injunction Act and the Anti-Injunction Act
797
11.4.
Johnson Act: A Prohibition of Federal Court Injunctions of State Rate Orders
811
11.5.
Civil Rights Removal Act
814
11.5.1.
Introduction
814
11.5.2.
Removal because of the denial in state court of rights secured by federal civil rights laws
816
11.5.3.
Removal because the defendant's conduct was required by federal civil rights laws
825
ch. 12
Federal Court Abstention Because of Unclear State Law
829
12.1.
Introduction: Abstention Defined
829
12.2.
When Is Abstention Because of Unclear State Law Appropriate?
831
12.2.1.
Abstention to avoid federal court constitutional rulings: Pullman abstention
831
12.2.2.
Abstention because of unclear state law in diversity cases: Thibodaux abstention
844
12.2.3.
Abstention to defer to complex state administrative procedures: Burford abstention
848
12.3.
Procedures When There Is Federal Court Abstention
854
ch. 13
Federal Court Abstention to Avoid Review of State Court Judgments or Interference with Pending State Proceedings
865
13.1.
Introduction
866
13.2.
Abstention to Avoid Federal Court Review of State Court Judgments: The Rooker-Feldman Doctrine
868
13.3.
Younger v. Harris: Abstention to Avoid Federal Court Interference with Pending State Court Proceedings
871
13.4.
Extension of Younger v. Harris
879
13.4.1.
Preclusion of intrusion into ongoing state criminal prosecutions
880
13.4.2.
Federal court declaratory and injunctive relief in the absence of pending state proceedings
883
13.4.3.
application of Younger abstention to state-initiated civil enforcement proceedings
891
13.4.4.
application of Younger abstention in civil cases where important judicial interests are involved
894
13.4.5.
Refusal to extend Younger to other private civil litigation
896
13.4.6.
application of Younger abstention to pending state administrative proceedings
898
13.4.7.
application of Younger abstention to prevent federal court injunctive and declaratory relief against the executive branches of state and local governments
902
13.4.8.
attempted application of Younger to prevent federal court review of the legality of military tribunals
904
13.5.
Exceptions to the Younger Doctrine
905
ch. 14
Abstention to Avoid Duplicative Litigation
913
14.1.
Problem of Duplicative Litigation
913
14.2.
When Should Federal Courts Abstain Because of Duplicative Litigation in State Courts?
917
14.3.
Future Course of Colorado River Abstention: Unresolved Questions Concerning Abstention to Avoid Duplicative Litigation
930
14.4.
Procedural Aspects of Colorado River Abstention
936
ch. 15
Federal Court Collateral Review of Criminal Convictions: Habeas Corpus
939
15.1.
Introduction
939
15.2.
Brief History of Habeas Corpus in the United States
947
15.3.
Statutory Framework: The Procedures in Habeas Corpus Review
957
15.4.
Prerequisites for Habeas Corpus: Custody, Exhaustion, No Successive Petitions, and Timeliness
964
15.4.1.
requirement for custody
964
15.4.2.
requirement for exhaustion of state procedures
968
15.4.3.
prohibition against successive habeas corpus petitions
977
15.4.4.
requirement for a timely filing of the petition
981
15.5.
Issues That Can Be Litigated in Federal Court Habeas Corpus Proceedings
985
15.5.1.
What constitutional issues may be raised on habeas corpus? The bar against seeking "new" constitutional rules on habeas corpus
986
15.5.2.
When may a defendant present issues on habeas corpus that were not raised in state court? The effect of state court procedural defaults
996
15.5.3.
When may a defendant relitigate on habeas corpus issues that were raised and litigated in state court?
1014
15.5.4.
When can facts be retried on federal habeas corpus review?
1027
15.6.
Appellate Review of the Denial of Habeas Corpus
1035
Appendix A The Constitution of the United States of America
1037
Appendix B Selected Federal Statutes
1055
Table of Cases
1103
Index
1141