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Author: LandMark Publications Publisher: ISBN: 9781980743743 Category : Languages : en Pages : 538
Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply the Rooker-Feldman doctrine. * * * Rooker-Feldman prohibits a federal court from exercising subject matter jurisdiction in "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments." As both we and the Supreme Court have explained, the doctrine has narrow applicability. Rooker-Feldman does not bar suits that challenge actions or injuries underlying state court decisions -- and especially those that predate entry of a state court decision -- rather than the decisions themselves. Four requirements must be met in order for Rooker-Feldman to bar suit: "(1) the federal plaintiff lost in state court; (2) the plaintiff complains of injuries caused by the state-court judgments; (3) those judgments were rendered before the federal suit was filed; and (4) the plaintiff is inviting the district court to review and reject the state judgments." Allen v. DeBello, 861 F. 3d 433 (3rd Cir. 2017).
Author: LandMark Publications Publisher: ISBN: 9781980743743 Category : Languages : en Pages : 538
Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply the Rooker-Feldman doctrine. * * * Rooker-Feldman prohibits a federal court from exercising subject matter jurisdiction in "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments." As both we and the Supreme Court have explained, the doctrine has narrow applicability. Rooker-Feldman does not bar suits that challenge actions or injuries underlying state court decisions -- and especially those that predate entry of a state court decision -- rather than the decisions themselves. Four requirements must be met in order for Rooker-Feldman to bar suit: "(1) the federal plaintiff lost in state court; (2) the plaintiff complains of injuries caused by the state-court judgments; (3) those judgments were rendered before the federal suit was filed; and (4) the plaintiff is inviting the district court to review and reject the state judgments." Allen v. DeBello, 861 F. 3d 433 (3rd Cir. 2017).
Author: James A. Johnson Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The Rooker-Feldman Doctrine stands for the principle that only the United States Supreme Court has appellate jurisdiction over state court judgments. To determine if the lower federal court is improperly reviewing a state court judgment the question arises if the claim in federal court is inextricably intertwined with the state court claim. Or, does the federal plaintiff present an independent claim. However, there is in consistent application of the proper scope of this pivotal element among the circuit courts.This article sets out the differences of the 2nd, 5th, 6th, 7th and 9th circuits.The Rooker-Feldman Doctrine bars a party losing in state court from seeking appellate review of a state court judgment in a United States district court. This based on lack of subject matter jurisdiction.
Author: Laura E. Little Publisher: Aspen Publishing ISBN: 1543815049 Category : Law Languages : en Pages : 630
Book Description
Award-winning author and professor, Laura E. Little, has updated her approachable and practical study guide to what is considered one of the most challenging and abstract subjects in the law. Examples & Explanations for Federal Courts grounds the law of federal courts for students by providing brief textual introduction to doctrines, as well as examples, analytical answers, and graphical depictions of the legal doctrine. The new edition maintains the highly admired, straightforward Examples & Explanations format yet also includes many important cutting-edge developments in the field, omitted from competing books. New to the 4th Edition: Discussion of new case law on Article III arising under jurisdiction Review of new cases concerning diversity jurisdiction and supplemental jurisdiction Extensive revision and expansion of the standing materials, including standing issues arising in cases concerning gerrymandering, statutory rights, and false electoral speech Review of new cases pertaining to congressional control over federal courts Materials on the impact of an important decision pertaining to Younger abstention doctrine, Sprint Communications v. Jacobs, 571 U.S. 69 (2013) Integration of the myriad cases making subtle refinements and changes to the law of federal habeas corpus Professors and students will benefit from: Forthright treatment of nuanced and unsettled issues in the law— Federal courts is a discipline that resists black letter simplification of legal concepts: this study guide not only recognizes that fact, but also capitalizes on it, without sacrificing clarity or meaningful analysis. Award-winning author known for ability to present complicated subjects in an understandable fashion—A widely respected federal courts scholar, Professor Laura Little has lectured worldwide on federal courts issues and is a frequent federal jurisdiction lecturer for federal judges at judicial conferences and programs sponsored by the Federal Judicial Center. She has published several articles in the field of federal court jurisdiction and has won many teaching prizes (including a top teaching honor, the Great Teacher Award) as well as scholarship awards. Her work in procedural subjects has recently been acknowledged by the American Law Institute, which appointed her to serve as Associate Reporter for the Restatement (Third) of Conflict of Laws. Accessible and clear writing style and flexible organization—With lucid explanations of complex areas of the law, the volume breaks down doctrines into component parts. Organization adapts well to a variety of teaching approaches; topics are organized according to the various functions of federal courts, which gives the book thematic coherence while still allowing students to use the content according to their own needs. Written so that each chapter stands on its own. Visual aids—Includes several graphs and illustrations that illustrate both “macro” and “micro” understandings of the material; some are designed to convey larger relationships among doctrines and institutions, while others are designed to illustrate the intricacies of rules. Examples that model good lawyering and exam-taking techniques—The examples demonstrate complexities and ambiguities in the legal doctrine. The explanations provide models of practical skills for coping with uncertainty in the law. Through the explanations, students can learn to anticipate and outline arguments on both sides of a controversy. A book highly regarded by other Federal Courts professors—Both new and experienced federal courts professors report that they use the book for their own class preparation. Many professors use the book as a required text for their Federal Courts course.
Author: Laura E. Little Publisher: Aspen Publishers ISBN: 9780735588264 Category : Courts Languages : en Pages : 0
Book Description
An approachable and practical study guide to what is considered a challenging and abstract subject, Examples & Explanations: Federal Courts provides students with a brief, textual introduction to doctrines, As well as examples and analytical answers. With a sensible, flexible organization, it adapts well to a variety of teaching approaches and learning styles. This reliable guide offers ample features and benefits: Cutting-edge coverage unveils many important recent developments absent in competing books, such as: Hamdan v. Rumsfeld (non-Article III courts — 2006) Marshall v. Marshall (diversity of citizenship — 2006) The Class Action Fairness Act (diversity of citizenship — 2005) Terri Schiavo litigation (congressional control of federal court jurisdiction — 2005) Grable & Sons v. Darue Engineering (federal question jurisdiction — 2005) Empire Healthchoice Assurance, Inc. v. McVeigh (2006) Exxon Mobil v. Allapattah (supplemental jurisdiction — 2005) Lance v. Dennis (Rooker-Feldman doctrine 2006) Exxon Mobil v. Saudi Basic Industries (Rooker-Feldman doctrine — 2005) Habeas Corpus cases (2005-2006) Nuances and unsettled issues in the law are openly addressed. The guide resists black letter simplification of legal concepts and capitalizes on this notion, without sacrificing clarity or meaningful analysis Complicated subjects are presented in an understandable manner. Widely respected federal courts scholar, Professor Laura E. Little, transforms her global knowledge of federal courts issues in a format that students can digest and master. An accessible and clear writing style provides lucid explanations of complex areas of the law and breaks down doctrines into component parts. Page layout is designed for easy retrieval and understanding A sensible and flexible organization caters to students with various learning styles. Topics are organized according To The various functions of federal courts, which gives the book thematic coherence while still allowing students to use the content according to their own needs Visual aids, including several graphs and illustrations that illustrate both "macro" and "micro" understandings of the material, are designed to convey intricacies of rules as well as larger relationships among doctrines and institutions Examples demonstrate complexities and ambiguities in the legal doctrine, while the explanations demonstrate practical skills for coping with uncertainty in the law, anticipating and outlining arguments on both sides of a controversy. Combined, these model good lawyering and exam-taking techniques
Author: Laura E. Little Publisher: Aspen Law & Business ISBN: 9780735561465 Category : Law Languages : en Pages : 0
Book Description
Following the dependable Examples and Explanations method, this reliable guide offers ample features and benefits: - each section provides students with a short account of the law, and includes a variety of concrete examples & explanations designed to uncover uncertainties in the law and reinforce key rules and concepts - cutting-edge coverage unveils many important recent developments absent in competing books, such as: - Hamdan v. Rumsfeld (non-Article III courts -- 2006) - Marshall v. Marshall (diversity of citizenship -- 2006) - The Class Action Fairness Act (diversity of citizenship -- 2005) - Terri Schiavo litigation (congressional control of federal court jurisdiction -- 2005) - Grable & Sons v. Darue Engineering (federal question jurisdiction -- 2005) - Empire Healthchoice Assurance, Inc. v. McVeigh (2006) - Exxon Mobil v. Allapattah (supplemental jurisdiction -- 2005) - Lance v. Dennis (Rooker-Feldman doctrine 2006) - Exxon Mobil v. Saudi Basic Industries (Rooker-Feldman doctrine -- 2005) - Habeas Corpus cases (2005-2006) - nuances and unsettled issues in the law are openly addressed - widely respected federal courts scholar, Professor Laura E. Little, transforms her global knowledge of federal courts issues in a format that students can digest and master - an accessible and clear writing style provides lucid explanations of complex areas of the law and breaks down doctrines into component parts. Page layout is designed for easy retrieval and understanding - a sensible and flexible organization caters to students with various learning styles. Topics are organized according to the various functions of federal courts, whichgives the book thematic coherence while still allowing students to use the content according to their own needs - visual aids, including several graphs and illustrations that illustrate both macro and micro understandings of the material, are designed to convey intricacies of rules as well as larger relationships among doctrines and institutions - examples demonstrate complexities and ambiguities in the legal doctrine, while the explanations demonstrate practical skills for coping with uncertainty in the law, anticipating and outlining arguments on both sides of a controversy. Combined, these model good lawyering and exam-taking techniques
Author: John C. Jeffries, Jr. Publisher: Foundation Press ISBN: 9781599411286 Category : Law Languages : en Pages : 260
Book Description
Supplements Low and Jeffries' Federal Courts and the Law of Federal-State Relations, 4th law school casebook. Contains cases decided since the release of the casebook and expertly drafted notes and questions for classroom discussion.
Author: Howard P. Fink Publisher: Lexis Law Publishing (Va) ISBN: Category : Law Languages : en Pages : 100
Book Description
This casebook is the first to discuss the 1996 legislation limiting habeas corpus & death-row appeals & the Supreme Court's decision interpreting this legislation. This is also the first casebook to discuss the Supreme Court's new view of the Eleventh Amendment & of Congress' power to waive a state's sovereign immunity. Thee authors discuss the latest cases interpreting Article III's case & controversy requirements as a limit on access to the federal courts. Further, this text treats the evolving role of the federal courts in limiting actions of state governments & state officials. It also provides substantial discussion of issues of federal venue, transfer & law applied in diversity & alienage cases, because of the continued importance of these areas & in recognition that these subjects more & more are being given short shift in curtailed civil procedure courses in the first year. Teacher's Manual 1999 Cumulative Supplement Casebook also available electronically.
Author: LandMark Publications
Author: LandMark Publications
Author: James A. Johnson
Author: University of Notre Dame. Law School
Author: Laura E. Little
Author: Laura E. Little
Author: Laura E. Little
Author: John C. Jeffries, Jr.
Author: Howard P. Fink
Author: 
Author: United States. Supreme Court