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Civil Procedure: Cases and Materials (American Casebook Series) (Rental)
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The Thirteenth Edition of this very popular casebook provides a framework for studying the essential and cutting-edge issues of civil procedure in an accessible but rigorous way.
The authors of the prior editions, Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, and Helen Hershkoff, welcome two new authors to their team, Adam N. Steinman and Troy A. McKenzie. The new edition reflects the uniqueness, talents, and special expertise of these new authors, who individually and together bring tremendous new experiences and backgrounds to an author-team already known for its excellence and distinction.
Adam N. Steinman, the University Research Professor of Law at the University of Alabama School of Law, is an award-winning teacher and scholar whose work has been cited in hundreds of articles and dozens of judicial opinions. He is an author on the Wright & Miller Federal and Practice & Procedure treatise and an elected member of the American Law Institute. He is also the co-organizer of the Unavailability Workshop for Civil Procedure and the co-editor of the Law Professor Blogs Network’s Civil Procedure & Federal Courts Blog. Prior to joining the University of Alabama faculty, he was a Professor of Law at Seton Hall University and the University of Cincinnati. His practice experience includes both complex civil litigation and public-interest appellate work.
Troy A. McKenzie, Professor of Law at New York University School of Law, is an award-winning teacher and scholar who has taken an active role in the procedural rulemaking process. He is a member of the Council of the American Law Institute and has been appointed to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. At NYU, he co-directs the Center on Civil Justice and the Institute of Judicial Administration. Among his practice and public service experiences, he served for two years as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
The Thirteenth Edition, like the predecessor editions upon which it is based, is designed to reinforce doctrinal understanding, to foster case reading skills, to encourage critical thinking about the real-world context of procedural decisions, to motivate discussion about diversity, inclusion, and equity and the role of courts and civil procedure in promoting those values, and to help develop a sense of litigation strategy in a world that is at once local and global.
The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one or two semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, federal statutes, and constitutional provisions pertinent to procedure, the pleadings in Twombly and Iqbal, a model case file, a litigation flow-chart, state materials, and other important teaching tools. The casebook can be used for in-class and remote instruction.
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The basic plan of this much-revered casebook, Cases & Materials on Civil Procedure, is first to introduce readers to the nature of the judicial power itself and to basic issues of Congress's power over the jurisdiction, and then to follow the litigant's more or less in order through the federal courts.
This law school casebook covers important developments in several areas of civil procedure, and incorporates comments from users of previous editions. Significant changes have been made in the materials on class actions and alternative dispute resolution. The authors have looked for modern cases in which the facts are interesting, in which the conflicting policies seem to be in state of equilibrium, or in which the context has extrinsic fascination, rather than for cases in which the opinions offer tight little monographs on various aspects of procedure. The authors have concentrated on the operation of the Federal Rules of Civil Procedure.
Chapter 2 and 3 spell out the basic contours of district - court jurisdiction in federal - question, admiralty, and diversity cases, with notes on venue and on the Supreme Court's original jurisdiction. Chapter 4 tells the student something about the applicable law governing federal proceedings, including remedies against government officers. Chapter 5 and 6 deal with limitations on the exercise of jurisdiction that cuts across the various jurisdictional categories: sovereign and official immunities a variety of statutory and judicial abstention doctrines. Chapter 7 follows the litigant into situations in which a federal court is asked to pass upon what another tribunal has already done.
This supplement is an up-to-date source for the Federal Rules of Civil Procedure and notes of advisory committees, plus other materials important for teaching Civil Procedure and advanced procedure courses, including selected provisions from the U.S. Constitution, U.S. Code and proposed legislation, state constitutions and state jurisdictional statutes, federal local rules (including local rules governing counsel’s use of Artificial Intelligence), sample judicial orders (including in class actions and MDL), and Rules of Appellate Procedure. It also contains edited versions of recent decisions of interest, including Mallory v. Norfolk Southern Railway Co. (the Supreme Court's 2023 decision on personal jurisdiction), Harrington v. Purdue Pharma (its 2024 decision on the use of bankruptcy proceedings to resolve mass tort liability), and SEC v. Jarkesy (its 2024 decision on the Seventh Amendment right to a jury trial). In addition, the supplement provides materials for experiential learning, including a Flow Chart of a Civil Action, an Illustrative Litigation Problem with Sample Documents, and the complaints in Twombly, Iqbal, and Erickson v. Pardus. It may be used with all pleading and procedure casebooks.
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