This product contains an outline on civil procedure. Topics covered include territorial (personal) jurisdiction (including venue and forum non conveniens) and subject matter jurisdiction (covering diversity jurisdiction, federal question jurisdiction, and supplemental jurisdiction). It explains the Erie doctrine and federal common law; pleadings (including counterclaims, cross-claims, and supplemental pleadings); and parties (including joinder and class actions). It also covers discovery (including devices, scope, sanctions, and discovery conferences); summary judgment; pretrial conferences and settlements; trial (including right to jury trial, motions, jury instruction and arguments, and post-verdict motions); appeals; claim preclusion (res judicata); and issue preclusion (collateral estoppel).

Gilbert Law Summaries on Civil Procedure

Rowe Jr., Thomas

Marcus, Richard

Rules & Procedures

Gilbert

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

Tushnet, Mark

Fink, Howard

Carolina Academic Press

This text covers the central debates in contemporary American constitutional theory and demonstrates the connection between theory and judicial practice, politics, and academic scholarship. This foundation prepares students to analyze the events in which constitutional theory is likely to play a significant role, such as Supreme Court confirmations proceedings, separation of powers conflicts, and constitutional interpretation and political disputes regarding civil rights and civil liberties. 
Among the changes in the Fourth edition: • All chapters have been updated to reflect the current state of constitutional theory; • Completely new chapters on: constitutional change; conservatives and constitutional theory; progressives and constitutional theory; and the US Constitution and global constitutionalism; • New editor Lawrence Solum produces a state of the art chapter on originalism. 
Throughout, selections present opposing views to make students aware of existing conflicts and to facilitate discussion.

Constitutional Theory: Arguments and Perspectives

Gerhardt, Michael

Griffin, Stephen

Solum, Lawrence

Constitutional Law

This 750 page book is structured so it can be taught quickly but at a high level. The tightly edited cases capture students’ interest while teaching the material well. Notes are short but intellectually challenging. The book has enough materials to cover topics basically or in depth. The casebook introduces students to the themes running through civil procedure: efficiency and fairness, advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers. The teacher's manual suggests strategies for teaching the materials and different approaches for credit allocations and teacher preferences. For more information and additional teaching materials, visit the companion site.

Civil Procedure (University Casebook Series)

Sherry, Suzanna

Tidmarsh, Jay

Foundation Press

This is the 2012 Supplement to Rowe, Sherry, and Tidmarsh's Civil Procedure casebook.

Rowe, Sherry and Tidmarsh's Civil Procedure 3d, 2012 Supplement (University Casebook Series)

This is the 2013 Supplement to Rowe, Sherry, and Tidmarsh's Civil Procedure casebook.

Civil Procedure: 2013 Supplement (University Casebook Series)

This is the 2014 Supplement to Rowe, Sherry, and Tidmarsh's Civil Procedure casebook.

Civil Procedure: 2014 Supplement (University Casebook Series)

This is the 2015 Supplement to Rowe, Sherry, and Tidmarsh's Civil Procedure casebook.

Civil Procedure, 3d, 2015 Supplement (University Casebook Series)

The topics discussed in this law-school study outline include territorial (personal) jurisdiction (including venue and forum non conveniens) and subject-matter jurisdiction (covering diversity jurisdiction, federal-question jurisdiction, removal and supplemental jurisdiction). The Summary provides an accessible explanation of the Erie doctrine and federal common law. It introduces contemporary doctrine on pleadings (including counterclaims, crossclaims, amendments and supplemental pleadings) and joinder of parties (including joinder and class actions). Coverage also includes discovery. There is a full chapter addressing summary judgment. Another chapter covers pretrial conferences, settlement-promotion devices, and the increasingly important topic of arbitration. The trial chapter covers the right to jury trial, trial motions, jury instruction and arguments, and post-verdict motions. There are also chapters on appeals and preclusion (both claim and issue preclusion). The Summary begins with an extensive Capsule Summary of all the topics covered, and also includes Review Questions keyed to the outline's coverage, and sample essay questions and answers. Throughout the outline, there are also Exam Tips and charts to summarize and explain the material.\nAnnual update memos will be added on this page when available.

Gilbert Law Summary on Civil Procedure (Gilbert Law Summaries)

Gensler, Steven

The 2022 Statutory and Case Supplement brings the casebook up-to-date. It includes two new principal cases: the Supreme Court’s Ford Motor case on general personal jurisdiction, and King v. Whitmer, a new lower-court case imposing Rule 11 sanctions on several of the lawyers who brought frivolous cases alleging fraud in the 2020 election. The supplement also briefly describes other new developments in a short introductory section. Because the supplement includes the Federal Rules of Civil Procedure and edited advisory committee notes, as well as the United States Constitution and relevant portions of the United States Code, the Federal Rules of Appellate Procedure, and the Rules of the Supreme Court of the United States, it can be used with any civil procedure casebook.

2022 Supplement to Civil Procedure, 5th, Rules, Statutes, and Recent Developments (University Casebook Series)

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