Gilbert Law Summaries (Civil Procedure)

Thomas D. Rowe, Jr.

Richard L. Marcus

Rules & Procedures

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

Linda S. Mullenix

LexisNexis

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 topics explored in the Third Edition of Constitutional Theory are:
 • The relevance and significance of theory to constitutional adjudication in general; • Theories of constitutional change; • Theories of judicial review, including judicial activism and restraint, the countermajoritarian difficulty, the philosophical critique of judicial review, and the debate over judicial supremacy; • Major sources and methods in constitutional interpretation, such as the text, framers' intent and the "new originalism," structure, precedent, and moral reasoning, and present controversies concerning their use; • Major schools of jurisprudence that have contributed to constitutional theory, presenting and critiquing liberal, conservative, feminist, and critical race perspectives; and • Alternative perspectives, including those from political science, in understanding constitutionalism and the historical development of constitutional theory.
Throughout, selections present opposing views to make students aware of existing conflicts and to facilitate discussion.

Constitutional Theory: Arguments and Perspectives

Michael J. Gerhardt

Stephen Griffen

Constitutional Law

Gilbert Law Summaries are America’s best selling outlines and have set the standard for excellence since they were introduced more than thirty-five years ago. It’s Gilbert’s unique combination of features that makes it the one study aid you’ll turn to for all of your study needs! Walk into class prepared with a comprehensive outline of the law, a concise capsule summary perfect for a quick review before class, charts of every kind, a text correlation chart so that you can match your specific reading assignment to the relevant pages in the Gilbert outline, and an index and table of cases. Ace your final exams with a step-by-step approach to attack your exam, exam tips, and sample multiple choice, true-false, and essay questions.

Civil Procedure (University Casebook Series)

Suzanna Sherry

Jay Tidmarsh

Foundation Pr

This is the 2008 Statutory and Case Supplement pertaining to Rowe, Sherry and Tidmarsh's Civil Procedure. The supplement brings the casebook up to date, noting new developments in a short introductory section. Because the supplement also includes edited versions of the most important new cases, as well as the Federal Rules of Civil Procedure, the Constitution, and relevant statutes, it can be used with any Civil Procedure casebook.

Civil Procedure 2008 Statutory and Case Supplement

Jay H. Tidmarsh

Criminal Law

Foundation Press

Civil Procedure

This is the 2009 Statutory and Case Supplement pertaining to Rowe, Sherry and Tidmarsh's Civil Procedure, 2d Edition. The supplement brings the casebook up to date, noting new developments in a short introductory section. Because the supplement also includes edited versions of the most important new cases, as well as the Federal Rules of Civil Procedure, the Constitution, and relevant statutes, it can be used with any Civil Procedure casebook.

Civil Procedure, 2d, 2009 Supplement

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