Summary Judgment: Federal Law and Practice (Trial Practice Series)

Redish, Martin H.

Brunet, Edward

Reiter, Michael A.

Rules & Procedures

Shepards/McGraw-Hill

Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely downplayed. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory.

The Constitution As Political Structure

Reference

Words, Language & Grammar

Oxford University Press

Procedural due process guarantees to individual members of the polity that government will treat each of them with fairness and respect when seeking to take their life, liberty or property. Although enshrined in the US Constitution's Fifth and Fourteenth Amendments, the scope of those guarantees has long been a source of public and academic debate. Due Process as American Democracy develops an entirely new approach to the procedural due process, grounded in foundational precepts of American political theory. It argues that American political thought comes from an adversarial understanding of democracy where individuals need to protect their own interests, because no one else can be trusted to do so. This skeptical democracy informs the separation of powers, and operates as the protector of liberal democracy. When applied to procedural due process, adversary democracy dictates a skepticism of both judges and those who seek unilaterally to represent the individuals' interests. The end result is a demand for strong protections of judicial neutrality and independence far beyond what is presently required, and imposition of serious restrictions on the ability of courts to appoint others to protect individuals' legally protected interests. The book applies these underlying democratic premises to areas of modern civil procedure and constitutional law, urging dramatic alterations in both. Original and provocative, Due Process as American Democracy provides a fresh view of the constitutional guarantee of due process and will appeal to legal scholars, practitioners, and political theorists alike.

Due Process As American Democracy (Theoretical Perspectives in Law)

Federal Courts Cases, Comments and Questions: Cases, Comments, and Questions (American Casebook Series)

Nichol, Gene R.

West Group

This book reflects the impact of contemporary developments in civil procedure without losing sight of the fact that much of civil procedure still concerns traditional rules and mechanisms and time-honored policies. The chronological order of this book roughly follows that of a lawsuit - preceding from the initial complaint and pleadings to appeal and effect of judgment. This book also examines the policies and mechanisms of the American adversary system, including criticisms of the system and the procedural innovations that attempt to remedy the shortcomings. The authors include interdisciplinary materials reflecting practices in other countries and various states to introduce readers to alternative ways of dealing with various procedural issues.

Civil Procedure: A Modern Approach (American Casebook Series)

Marcus, Richard L.

Sherman, Edward F.

Federal Courts 2003

Since the publication of the principal casebook, the Supreme Court has decided a number of significant federal jurisdiction cases, including cases involving the Eleventh Amendment, habeas corpus jurisdiction, and the relationship between state and federal courts. Current through cases issued through the end of the 2001-2002 Term.

2004 Supplement to Federal Courts, Cases, Comments and Questions, Fifth Edition (American Casebook)

Sherry, Suzanna

West

Updated cases, notes, and discussion of scholarly literature. Also a new chapter on the recurring themes on judicial federalism, which covers such topics as the long-running debate on parity between the state and federal courts. Also includes judicial review, abstention, and anti-injunction issues.

Federal Courts : Cases, Comments and Questions (American Casebook Series)

1999 Supplement to Civil Procedure: A Modern Approach, 1999

Minimal highlighting and some notes in a few chapters, but majority of book is clean and otherwise in excellent condition!

Civil Procedure : A Modern Approach

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