The distinctive feature of this Federal Courts casebook, and the main difference between this and other Federal Courts books, is its systematic focus on remedial issues, especially the range of problems that arise when a litigant tries to enforce federal constitutional rights against state officers in the federal courts. Over the past fifty years, constitutional litigation has become a staple of the federal courts, and with it have come a number of doctrines aimed at channeling, timing, framing and otherwise regulating the way constitutional litigation is conducted. The Supreme Court s concerns have shifted away from such matters as the Erie doctrine and the relations between state and federal law, and toward the the relations between federal courts and state officers. Current casebooks do not ignore these developments, but the books try to fit them into a model that is increasingly ill suited to the task of presenting them in a straightforward and effective way. Departing from the traditional approach of Federal Courts books, the book begins with a chapter on 1983 litigation, and it includes the most comprehensive treatment of habeas corpus to be found in any Federal Courts casebook. The book stresses economy of means, clarity of presentation, and attention to the real world Federal Courts issues that students need to be prepared for. At the same time, it gives due regard to the history and theory of Federal Courts Law, for one must read the cases in their historical context in order to understand them, and one cannot grasp the doctrine without studying the rationales that animate it. The book does, however, avoid extended treatments of issues that have great theoretical importance but little practical impact, and it gives little attention to historical debates that were once vital but have become largely irrelevant to modern Federal Courts law.

Cases and Materials on Federal Courts (American Casebook Series)

Michael L. Wells

William P. Marshall

Larry W. Yackle

Rules & Procedures

West Group

Cases and Materials on Federal Courts

Thomson/West

The case book was published only a year ago, but there have been many new developments in this field since then. The supplement sets out two new principal cases, Massachusetts v. Environmental Protection Agency (the global warming standing decision) and Boumediene v. Bush (the D.C. Circuit decision on the Military Commissions Act). There are also numerous notes on the Military Commissions Act and recent developments at Guantanamo, as well as excerpts from (and notes on) a host of new Supreme Court habeas corpus decisions, including Abdul-Kabir v. Quarterman, Burton v. Stewart, Carey v. Musladin, Lawrence v. Florida, Schriro v. Landrigan, and Whorton v. Bockting.

Cases and Materials on Federal Courts, 2007 Supplement (American Casebook)

This supplement brings the principal text current with recent developments in the law.

Cases and Materials on Federal Courts, 2008 Supplement

West

Cases and Materials on Federal Courts, 2009 Supplement (American Casebook)

This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. 
The Second Edition of Constitutional Torts builds on the original work in a number of important ways: 
<li>The Second Edition includes both the most recent Supreme Court opinions and extensive coverage of lower court decisions. Studying circuit and district court decisions is crucial to understanding the developing law of § 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems.</li>
<li>The Second Edition gives expanded coverage of the substantive constitutional claims that provide the basis for most § 1983 claims. For example, the Second Edition includes materials addressing the content of the terms "liberty" and "property" in the Fourteenth Amendment, the First Amendment retaliation claims of government employees, and the Fourth, Fourteenth, and Eighth Amendment claims of persons alleging they were victims of excessive force by law enforcement officials. It is especially important to cover these materials in a § 1983 book, since they are largely ignored in standard constitutional law casebooks.</li>
<li>At the same time, the materials continue to emphasize the "tort" aspects of § 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. 
</li>
<li>The Second Edition offers exceptionally comprehensive coverage of remedial issues. It provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. </li>

Constitutional Torts

Politics & Social Sciences

Sheldon H. Nahmod

Thomas A. Eaton

Politics & Government

LexisNexis

Constitutional Torts, Fourth Edition, 2015

Fred Smith

Marion and W. Colquitt Carter

J. Alton Hosch

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