A new Chapter 11 on Doctrinal and Statutory Restrictions on Federal Jurisdiction Related to State-Court Litigation, following the chapters on federal courts' statutory jurisdiction, covers the abstention doctrines and the Anti-Injunction Statute, 28 U.S.C. § 2283, previously treated in the complex-litigation chapter. And earlier coverage in the class-actions chapter of the Class Action Fairness Act of 2005 (CAFA) now is part of a new section at the end of Chapter 8 on Diversity and Alienage Jurisdiction. The new section is devoted to the three forms of minimal-diversity federal-court jurisdiction presently on the books - statutory interpleader; the Multiparty, Multiforum Trial Jurisdiction Act of 2002; and CAFA.
The chapters covering areas affected by the Jurisdiction and Venue Clarification Act of 2011 (JVCA), particularly Chapter 8 on Diversity and Alienage Jurisdiction and Chapter 10 on Removal, have been extensively revised to take account of the many (and positive) changes made by the JVCA. Chapter 8 also has a new principal case, Hertz Corp. v. Friend, in which the Supreme Court settled a circuit split over interpretation of a corporation's "principal place of business" for diversity purposes.
The Fourth Edition has a new, concluding Chapter 18 on Federal Jurisdiction in Time of War and in an Age of Terrorism. This chapter's principal case is the Supreme Court's major 2008 decision in Boumediene v. Bush on habeas corpus for alien enemy detainees at the United States military base at Guantanamo Bay, Cuba. This chapter brings together themes from several aspects of the course - the role of the federal courts, separation of powers, the permissibility of "jurisdiction-stripping" legislation, the use of non-Article III federal tribunals, and suspension of the writ of habeas corpus. Included are background on the use of military commissions in United States history; discussion of executive, judicial, and legislative responses to the attacks of September 11, 2001; the Boumediene case itself; and developments since that decision, providing a timely, interesting capstone for the course.

Federal Courts in the 21st Century: Cases and Materials

Rowe Jr., Thomas

Tushnet, Mark

Fink, Howard

Rules & Procedures

Carolina Academic Press

An authoritative guide on how to express opinion effectively in print, in order to write editorials, criticism, analysis, interpretation, advertising, public relations communications, and other types of subjective material.

Writing Opinion for Impact

Fink, Conrad

Business & Money

Wiley/Blackwell

Excerpt from the Preface: Both the title of our book and its content reflec the combination of interests that we brought to the endeavor. One of us comes to the teaching of federal courts by way of history and constitutional law, the other by way of practice and procedure. Our collaborative effort has resulted in rethinking the entire subject. The point of view can be simply stated: The words of article III, providing for the jurisdiction of the federal court, are opaque - the meaning that has been given to them by the courts and by Congress is not the only possible one. Understanding the implications of article III and the jurisdictional statues Congress has enacted will not, in our opinion, be found through a search in history for a "true meaning." Rather the search is for the choices that were open to the drafters of the Constitution and the Judiciary Act of 1789 and for the changes in the interpretations given to the written language. There is comprehensive coverage of the practice and procedure in the federal courts - joinder of parties nad claims, class actions, appellate review, and the requisites of subject-matter jurisdiction in federal question and diversity cases.

Federal Jurisdiction: Policy and Practice: Case and Materials

Michie Co.

All the Bright Company: Radio Drama Produced by Andrew Allan

All the Bright Company: Radio Drama Produced by Andrew Allen

Literature & Fiction

Dramas & Plays

Quarry Pr

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Books by Fink, Howard