A generation after the appearance of mass tort litigation as a new phenomenon, Professor Linda S. Mullenix has issued the second edition of her landmark casebook in MASS TORT LITIGATION. The second edition reflects two concepts. First, that the seminal, core cases and materials relating to mass tort litigation still remain viable precedents after twenty-five years. And second, courts are still struggling to find solutions to the resolution of this complex litigation. In addition to the seminal cases relating to Agent Orange, Dalkon Shield, DES, and asbestos litigation, the casebook is updated with materials relating to breast implant litigation, tobacco litigation, medical device and pharmaceutical litigation. The updated casebook is suitable for advanced courses in tort litigation, complex procedure, class action litigation, and dispute resolution offerings.

Mass Tort Litigation: Cases and Materials

Linda S. Mullenix

Business

West Group

This book assembles a set of cases, constitutional provisions, statutes, and rules that embody a core canon of decisional law in civil procedure. This text focuses on a core canon and sets forth the leading cases in civil procedure, in greater length and detail than in other civil procedure casebooks on the market. The focus of this text is to cover fewer cases, but in greater depth. In addition, this book includes concurring and dissenting opinions that frequently have been eliminated from other texts. The book is designed based on a fourteen-week curriculum, with fourteen chapters that provide easy and simple guidance for working through the course. Each week addresses a topic and assembles the core cases, statutes, or rules that students and the professor reasonably may study in four hours of class time. In addition to the book's fourteen-week structure, the text also offers materials for alternative weeks that may be substituted for topics covered in the main text.

Leading Cases in Civil Procedure

Rules & Procedures

West

This comprehensive Understanding treatise offers a coherent and complete overview of the complex constitutional principles and doctrines governing the federal judicial system. In a single volume, it provides a rich discussion of Article III of the United States Constitution, which governs the federal judiciary, and explains the role of Congress in regulating the federal courts' jurisdiction. After explaining the constitutional and statutory bases for federal jurisdiction, the treatise discusses the intricate case law on the statutory procedures relevant to litigating actions in federal courts. The treatise concludes with an exploration of the important federalism problems inherent in our dual system of courts, and the interrelationship of federal and state courts. 
Focusing on the relevant statutes and Supreme Court and appellate doctrine, Understanding Federal Courts and Jurisdiction covers all aspects of federal jurisdiction: justiciability, including standing, mootness, ripeness, and political questions; and the major types of federal jurisdiction, federal question and diversity, as well as the supplemental jurisdiction statute. The procedural portion of the treatise covers removal, venue, transfer of venue, personal jurisdiction in the federal courts, and multidistrict litigation. The federalism discussion includes a coherent review of the abstention doctrines, the Anti-Injunction Act, the Eleventh Amendment, the Erie doctrine, and intersystem preclusion. 
Understanding Federal Courts and Jurisdiction is ideal for students in the basic procedure course as well as upper division federal jurisdiction and practice courses. It also provides new and experienced federal practitioners with the basic principles and solid basis for further research.

Understanding Federal Courts and Jurisdiction (Legal text series)

Redish, Martin

Martin H. Redish

Mullenix, Linda

Vairo, Georgene

Georgene M. Vairo

LexisNexis

An underlying theory of this book is that there is no "plain meaning" to Article III or to statutes defining federal jurisdiction and those creating federal rules of procedure. Concepts such as due process, habeas corpus, the right to jury trial, Article I and Article III courts, abstention, class actions, and jurisdiction are, in the final analysis, all judicial constructs, ever subject to the winds of change. This casebook was the first to discuss the 1996 legislation limiting habeas corpus and death-row appeals and the Supreme Court's decision interpreting this legislation. It was also the first casebook to discuss the Supreme Court's new view of the Eleventh Amendment and of Congress' power to waive a state's sovereign immunity. A developing area is the threat to the predominance of Article III judges—constitutionally life-tenured and protected from salary reduction—from escalating reliance by Congress on other forums to resolve federal rights. This book stresses issues of distribution of power within the federal court system itself. 
 The Third Edition of Federal Courts in the 21st Century discusses the latest cases interpreting Article III's case and 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 and state officials. It also provides substantial discussion of issues of federal venue, transfer, and law applied in diversity and alienage cases, because of the continued importance of these areas and in recognition that these subjects more and more are being given short shrift in curtailed Civil Procedure courses in the first year.
 Changes reflected in the Third Edition include significant revisions of the chapters dealing with class actions, habeas corpus, and Article I courts. The authors have also added a new chapter on federal common law. A section addressing attempts to try "foreign enemy combatants" before military commissions has also been added. All material has been revised and updated to reflect current developments, recent cases, and important law review scholarship.

Federal Courts in the 21st Century

Mark V. Tushnet

Howard P. Fink

Thomas D. Rowe, Jr.

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Books by Linda S. Mullenix