FEDERAL JURISDICTION, SEVENTH EDITION features:Comprehensive coverage that includes historical background, contemporary themes, and a lucid three-part organization of topics Illuminating descriptions and analyses of doctrine and policy Readable prose that explains current law, identifies unresolved issues, and examines competing policy considerations An even-handed treatment that considers multiple perspectives
Updated throughout, the SEVENTH EDITION includes:Recent developments in standing, nonArticle III courts, sovereign immunity, Section 1983, Bevins liability, and habeas corpus New cases Clapper v. Amnesty International Susan B. Anthony List v. Driehaus Zivotofsky v. Clinton Wellness International Network Ltd. v. Sharif Lane v. Franks Minneci v. Pollard Sprint Communications, Inc. v. Jacobs
Mooney argues forcefully that the dogmatic application of the Act of State Doctrine is indefensible in light of its origin, the history of past application, and the pressing current requirements of our international economy.
Contributors include David Gray Adler, Dean Alfange, Jr., Neal Devins, Louis Fisher, Michael J. Glennon, Loch K. Johnson, Nancy Kassop, and Robert J. Spitzer.
Features:Reorganizes the material into three thematic parts, concerning the government institutions that interact with foreign relations law, the role of international law in the U.S. legal system, and the legal issues associated with international crime, war, and terrorism. Explores the implications of the Supreme Court's restriction of human rights litigation under the Alien Tort Statute in Kiobel v. Royal Dutch Petroleum. Contains updated materials on the war on terrorism, including materials relating to targeted killing, electronic surveillance, and the use of military commissions. Takes account of recent lower court decisions, such as the Third Circuit's decision in United States v. Bond (concerning the scope of the treaty power), and the Fourth Circuit's decision in Yousuf v. Samantar (concerning foreign official immunity and deference to the Executive Branch). Considers the domestic and international law issues associated with U.S. efforts to combat piracy and try pirates in U.S. courts. Excerpts and analyzes the Supreme Court's latest decision concerning the political question doctrine Zivotofsky v. Clinton
Over the past few years, much lip service has been paid to the phrase rule of law. At the same time, the U.S. government has avoided basic rule of law principles by holding prisoners outside the law (off the books and out of Red Cross supervision, off shore or even on U.S. soil, but without due process or urgent matter that bears on the security of this country). In both volumes, learned practitioners and scholars argue in favor of adherence to time-tested principles. Each report has a preface that places the material in historical and legal context.