Federal Jurisdiction in a Nutshell

Federal courts are not allowed to intervene in a legal dispute indiscriminately. This authoritative text lays out the constitutional source of federal authority and the limits to its application, focusing on federal questions and diversity. Jurisdictional problems and jurisdictional amount are discussed, as well as admiralty, sovereign immunity, abstention, injunctions against suit, and civil rights removal. Also includes coverage of three-judge courts, trial location, and the law applicable in federal courts.

Preface

iii

Introduction

9

(4)

Congress, the Courts

13

(47)

Judicial Review

13

(3)

Cases and Controversies

16

(28)

Finality

16

(1)

Advisory Opinions

17

(2)

Standing

19

(12)

Ripeness

31

(4)

Mootness

35

(3)

Political Questions

38

(5)

Administrative Questions

43

(1)

The Power of Congress to Regulate Federal Jurisdiction

44

(16)

The Power to Deny Jurisdiction

44

(8)

Legislative Courts

52

(5)

Article I Powers in Article III Courts

57

(3)

Federal-Question Cases

60

(20)

Identifying Federal-Question Cases

60

(15)

Constitutional Scope

60

(3)

Remote Federal Issues

63

(2)

The Well-Pleaded Complaint Rule

65

(5)

Incorporation of Federal or State Law

70

(5)

Supplemental Jurisdiction

75

(5)

Admiralty

80

(8)

Diversity Cases

88

(23)

Determining Citizenship

89

(3)

Complete Diversity

92

(6)

The General Rule

92

(1)

Interpleader

93

(3)

Supplemental Jurisdiction

96

(2)

Corporations and Associations

98

(7)

Associations as Citizens

98

(2)

Determining Corporate Citizenship

100

(1)

The Consequence of Multiple Citizenship

101

(2)

Derivative Suits

103

(2)

The Jurisdictional Amount

105

(6)

Determining the Amount in Controversy

105

(3)

Multiple Claims

108

(3)

Miscellaneous Jurisdictional Issues

111

(14)

Raising Jurisdictional Questions

111

(1)

Exclusive Jurisdiction

112

(1)

State Courts and Federal Officers

113

(2)

Removal

115

(2)

The Obligation of State Courts to Provide A Forum

117

(2)

Venue and Service of Process

119

(2)

Forum Non Conveniens and Transfer

121

(4)

The Law Applicable in Federal Courts

125

(26)

Erie

125

(2)

Substance and Procedure

127

(3)

The Federal Rules of Civil Procedure

130

(1)

The Choice Among Conflicting State Laws

131

(3)

The Federal Common Law

134

(5)

Federal Law in State Courts

139

(1)

Section 1983

140

(7)

Bivens

147

(4)

Sovereign Immunity

151

(22)

The General Principle

151

(6)

Waiver

157

(3)

Suits Against Government Officers

160

(6)

Official Immunity

166

(3)

Congressional and Presidential Immunities

169

(4)

Abstention and Related Doctrines

173

(24)

Pullman

173

(4)

Certification

177

(1)

Burford and Alabama

178

(1)

Exhaustion of Administrative Remedies

179

(2)

Domestic Relations, Probate, and Pending Actions

181

(2)

Injunctions Against Suit

183

(14)

Section 2283

183

(1)

``Expressly Authorized''

184

(2)

``Necessary . . . in Aid of . . . Jurisdiction''

186

(2)

``To Protect or Effectuate its Judgments''

188

(1)

Implicit Exceptions and Proposals for Reform

188

(2)

Nonstatutory Limitations

190

(5)

State Injunctions Against Federal Proceedings

195

(2)

Appellate and Collateral Review

197

(44)

Supreme Court Review of State Judgments

197

(9)

Federal and State Questions

197

(2)

Adequate State Grounds

199

(7)

Miscellaneous Problems

206

(8)

Appeal, Certiorari, and Certification

206

(1)

The Final-Judgment Rule

207

(7)

Post-Conviction Review

214

(27)

The Issues Cognizable

214

(2)

The Impact of a Prior State-Court Decision

216

(4)

Procedural Defaults

220

(6)

Federal Prisoners

226

(3)

Military Prisoners

229

(4)

Custody, Prematurity, and Venue

233

(4)

Exhaustion of State Remedies

237

(4)

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Federal Jurisdiction in a Nutshell

Summary

Table of Contents

Supplemental Materials