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Since it first appeared, this casebook has sought to capture the
evolving challenges of civil procedure in a way that engages
students and fosters critical judgment on the underlying policy
issues. The authors have closely monitored the evolution of
procedure over this time, and adapted the basic structure of the
book to take account of those changes. That evolution remains
central to the seventh edition. The new edition retains the basic
structure of the book, and a great deal of the existing
superstructure of principal cases. It adds substantially revised
text and note material to present contemporary issues in the
context of those cases or new principal cases. The discovery
chapter, for example, is infused with coverage of the 2015 rule
amendments that have received somuch attention. The personal
jurisdiction chapter integrates the many recent Supreme Court
decisions into the existing framework, conveying the developments
that have occurred since the last edition appeared in 2013. The new
edition also offers new principal cases to examine and illustrate a
number of issues. A new Rule 19 case on required parties presents
the contemporary issues in a setting likely to be interesting to
many students. A new Internet jurisdiction case involves online
payday lending, an example of the fast-moving world of
Internet-based commerce. A recent supplemental jurisdiction case
enables students to work through the application of 1367 in a
setting that also involves appreciation of various joinder
concepts. A new class-action case presents the challenges of
consumer class actions. New Supreme Court and other principal cases
address issues of subject matter jurisdiction and appellate
jurisdiction. As reflects contemporary litigation, intellectual
property cases are more prominent than in previous editions.
This Federal Courts outline discusses Article III courts, the "case
or controversy" requirement, justiciability, advisory opinions,
political questions, and ripeness. It also includes mootness,
standing, congressional power over federal court jurisdiction,
Supreme Court jurisdiction, district court subject matter
jurisdiction (including federal question jurisdiction and diversity
jurisdiction), and pendent and ancillary jurisdiction. Other topics
include removal jurisdiction, venue, forum non conveniens, law
applied in the federal courts (including Erie Doctrine), federal
law in the state courts, abstention, habeas corpus for state
prisoners, federal injunctions against state court proceedings, and
Eleventh Amendment.
Since it first appeared, this casebook has sought to capture the
evolving challenges of civil procedure in a way that engages
students and fosters critical judgment on the underlying policy
issues. The authors have closely monitored the evolution of
procedure over this time, and adapted the basic structure of the
book to take account of those changes. That evolution remains
central to the seventh edition. The new edition retains the basic
structure of the book, and a great deal of the existing
superstructure of principal cases. It adds substantially revised
text and note material to present contemporary issues in the
context of those cases or new principal cases. The discovery
chapter, for example, is infused with coverage of the 2015 rule
amendments that have received somuch attention. The personal
jurisdiction chapter integrates the many recent Supreme Court
decisions into the existing framework, conveying the developments
that have occurred since the last edition appeared in 2013. The new
edition also offers new principal cases to examine and illustrate a
number of issues. A new Rule 19 case on required parties presents
the contemporary issues in a setting likely to be interesting to
many students. A new Internet jurisdiction case involves online
payday lending, an example of the fast-moving world of
Internet-based commerce. A recent supplemental jurisdiction case
enables students to work through the application of 1367 in a
setting that also involves appreciation of various joinder
concepts. A new class-action case presents the challenges of
consumer class actions. New Supreme Court and other principal cases
address issues of subject matter jurisdiction and appellate
jurisdiction. As reflects contemporary litigation, intellectual
property cases are more prominent than in previous editions.
This supplement brings the principal text current with recent
developments in the law.
Constitutional Torts and the War on Terror examines the judicial
response to human rights claims arising from the Bush
Administration's war on terror. Despite widespread agreement that
the Administration's program of extraordinary rendition, prolonged
detention, and "enhanced" interrogation was torture by another
name, not a single federal appellate court has confirmed an award
of damages to the program's victims. The silence of the federal
courts leaves victims without redress and the constitutional limits
on government action undefined. Many of the suits seeking redress
have been based on the landmark 1971 Supreme Court decision in
Bivens v. Six Unknown Named Agents of the Federal Bureau of
Narcotics. This book traces the history of common law
accountability, the rise of Bivens claims, and the post-Bivens
history of constitutional tort litigation. After evaluating the
failure of Bivens litigation arising from the war on terror, the
book considers and rejects the arguments that have been put forward
to explain and justify judicial silence. The book provides the
Supreme Court with the tools needed to rethink its Bivens
jurisprudence. Rather than treating the overseas national security
context as disabling, modern federal courts should take a page from
the nineteenth century, presume the viability of tort litigation,
and proceed to the merits. Only by doing so can the federal courts
ensure redress for victims and prevent future Administrations from
using torture as an instrument of official policy.
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