This is a survey of the literature related to appellate practice and procedure before the United States Courts of Appeals for the benefit of lawyers and judges and scholars. It is reproduced with permission from THOMAS E. BAKER, A PRIMER ON THE JURISDICTION OF THE U.S. COURTS OF APPEALS (Fed. Jud. Ctr. 3d ed. 2023) available at: https://www.fjc.gov/content/379899/primer-jurisdiction-us-courts-appeals-third-edition). This origin explains the scattered references in the entries to “this Primer.”
A “primer” is an elementary text that covers the basic elements of a subject and that is what this essay is meant to be: a brief introduction and an overview of the jurisdiction, practices, and procedures of the Supreme Court of the United States. It is intended for the curious novice who wants to understand how the Supreme Court operates.
It is my honor and a pleasure to submit this report on the Annual Con Law Haiku Writing Competition in Section A for Fall Semester 2021 at the Florida International University College of Law.
I am a loyal fan of the Jeopardy television game show. It is a daily ritual of mine. I am one of those people who sometimes shouts out the answers at the television, to everyone's annoyance. I also am a law professor, however, who has been teaching constitutional law for four decades. Imagine my professor's dismay and viewer's ambivalence when the two-day championship match ended in a Final Jeopardy category called “Constitutional Amendment Math” that included a mistake of substantive constitutional law. This essay corrects that error dehors the record.
CASE:Protein S deficiency, a hypercoagulable thrombophilia, often results in venous thromboembolism. Nontraumatic compartment syndrome in a patient with protein S deficiency has not been well publicized. Herein, we present a rare case of nontraumatic compartment syndrome of the hand and the thigh in a 48-year-old woman with a known history of protein S deficiency; emergency fasciotomies were needed.CONCLUSION:Based on our patient and a review of the current literature, we advocate for a heightened awareness of compartment syndrome in patients with protein S deficiency.
John Paul Stevens has led a remarkable life in the law. As the title suggests, his memoir is organized around his career experiences with five chief justices: Fred Vinson, Earl Warren, Warren Burger, William Rehnquist, and John Roberts. Justice Stevens’ objective is to “share memories” of these five Chiefs and to “improve public understanding” of the Supreme Court. His vantages on the five Chiefs mark the stages of his professional experiences as: a law clerk to Justice Wiley Rutledge on the Vinson Court; as a practicing lawyer during the Warren Court; as a circuit judge and as an associate justice during the Burger Court; as the senior associate justice during the Rehnquist Court; and as the object of John Roberts’ advocacy before he became Chief Justice.
Journal Article The Constitution in 2020 Get access Balkin Jack M. Siegel Reva B., eds. The Constitution in 2020. New York: Oxford University Press, 2009. 368 pp. $74.00 (cloth); $19.95 (paper). Thomas E. Baker Thomas E. Baker Florida International University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 50, Issue 1, January 2010, Pages 104–105, https://doi.org/10.1093/ajlh/50.1.104 Published: 01 January 2010
The materials in this bibliography are arranged by: treatises; textbooks; studies and books; manuals; symposia; and articles and annotations. The articles and annotations are grouped topically. Works are listed alphabetically by author. Especially important sources for studying and understanding appellate jurisdiction are noted with an asterisk. Each entry appears only once even if it might fit into more than one category. I. TREATISES * James Wm. Moore & Daniel R. Coquillette, Moore's Federal Practice (3d ed., Matthew Bender 1997): 33 vols.; once considered the preeminent treatise on federal jurisdiction and procedure; volumes 19 and 20 cover appeals to the courts of appeals, but the treatise is better for issues on district court jurisdiction; organization and presentation of material are not up to earlier editions; still comprehensive; a good place to begin research. Richard J. Pierce, Jr., Administrative Law Treatise (4th ed., Aspen Law & Business 2002 & Supp. 2007): 3 vols.; once considered the preeminent treatise; primarily devoted to administrative law, but also covers administrative procedure. Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law--Substance and Procedure (3d ed., West Group 1999): 5 vols.; an up-to-date analysis and synthesis of constitutional law; a superior resource on the constitutional aspects of federal jurisdiction; the popular one-volume student hornbook is keyed to this treatise. * Charles Alan Wright, Arthur R. Miller & Andrew D. Leipold, Federal Practice & Procedure (4th ed., Thomson West 2008): 78 vols.; the best and most usable multi-volume treatise on federal courts; updated continuously with supplements; volumes 15A, 15B, 16, and 16A cover the courts of appeals; each section amounts to a knowledgeable and thorough lecture on the topic with comprehensive and exhaustive citations; the sixth edition of Wright & Kane's student hornbook (2002) is a masterful highlight of this set. II. TEXTBOOKS * Ruggero J. Aldisert, The Judicial Process--Text, Materials and Cases (2d ed., West Publg. Co. 1996): a thoughtful jurist examines his craft; a mixture of jurisprudence and procedure. Lea Brilmayer & Jacob Corre, An Introduction to Jurisdiction in the American Federal System (Michie Co. 1986): designed as a student guide to some of the more esoteric questions of jurisdiction. Robert C. Casad & William B. Richman, Jurisdiction in Civil Actions: Territorial Basis and Process Limitations on Jurisdiction of State and Federal Courts (3d ed., Lexis Law Publg. 1998 & Supp. 2006): a comprehensive treatment of all aspects of district court jurisdiction in civil actions, including constitutional limits and rules of procedure; very thorough on the original jurisdiction of the district courts. * Gregory A. Castanias & Robert H. Klonoff, Federal Appellate Practice and Procedure in a Nutshell (Thomson West 2008): a practical overview of federal appellate procedures; a useful student guide; a concise reference for attorneys. Erwin Chemerinsky, Federal Jurisdiction (5th ed., Aspen Publishers 2007): a discussion of the law and policy involved with current jurisdictional issues; focus is more on the district court level and federal-state issues; a comprehensive and thorough student guide written by a masterful teacher and prolific academic. Robert M. Cover, Owen M. Fiss & Judith Resnik, The Federal Procedural System: A Rule and Statutory Source Book (Foundation Press 1991): an innovative casebook that takes a theoretical approach to understanding federal court jurisdiction; a post-modern, meta-theory approach. David P. Currie, Federal Courts--Cases and Materials (4th ed., West Publg. Co. 1990): an effort at modern organization to emphasize major contemporary themes such as civil rights jurisdiction; note materials seek to deepen analysis; includes a statutory appendix. …
This annotated bibliography was prepared for the panel on Diverse Teaching Methods Designed to Improve the Education of Law Students at the 62nd Annual Meeting of the Southeastern Association of Law Schools (Aug. 3, 2009). It is offered as a resource to law teachers. It self-consciously and selectively surveys books and more recent articles with an emphasis on teaching qua teaching. It does not include articles specific to particular courses or subjects. Each entry appears only once. The categories and assignments are somewhat subjective but helpful for canvassing a rich literature. The online resources themselves include still more bibliographies.
A Primer on the Jurisdiction of the U.S. Courts of Appeals provides an introduction to the complexity and nuance in the subject-matter jurisdiction of the U.S. Courts of Appeals. The monograph examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals. Coverage includes civil and criminal appeals, extraordinary writs, and federal administrative agency reviews. This edition contains new sections on the future of the Courts of Appeals, judicial rulemaking, non-party appeals in criminal matters, and an updated bibliography. Research for the second edition is current through the end of the Supreme Court Term 2007-2008, and includes appellate case law through October 2008.
This article was written for and submitted to the International Association of Law Schools Conference on Comparative Constitutional Law, Washington, DC (Sept. 11-12, 2009), hosted by the American University Washington College of Law and the Georgetown University Law Center. It generally describes the curriculum commitment of the Florida International University College of Law to inculcate perspectives from international law and comparative law into all domestic law courses. It offers some brief and tentative advice to instructors. The focus is on the basic, first-year survey course in U.S. constitutional law. An Appendix provides a set of sample Lessons on comparative constitutional law developed by the author.
Professors Balkin and Siegel's book is part of a larger project to improve the constitutional theorizing of judges and the elected political branches in the direction of left, liberal outcomes, i.e., to realize a progressive political agenda for the Nation. The coeditors and the twenty-two contributors are fancy con law professors at fancy law schools. They combined for twenty-seven brief essays on how to make the United States a better country according to their 2020 constitutional vision (pun intended). Their ruminations cover pretty much the entire constitutional domain, including: interpretation, voting, social justice, citizenship, democracy, civil liberties, religious diversity, family, reproductive rights, federalism, presidential power, and transnationalism. There are frequent appeals to diversity and dialogue and regular entreaties for new mobilizations.
ABSTRACT Criminal justice education faces numerous challenges concerning public safety education, terrorism and crisis intervention strategies. Global social change has countless implications for public safety, homeland security and disaster planning. The new frontier requires revisions in the current curriculum, mandating additional research, experimentation and technological applications. This paper explores advantages of applying critical thinking strategies and active learning scenarios. Curriculum instructional progressions include: (1) first responder requirements; (2) accident reconstruction simulation; (3) disaster planning strategies, and (4) hostage negotiations case study. The information may prove helpful to those involved in teaching at the university level or public safety-training specialists. Effective educational and training programs remain the foundation for proactive crisis intervention strategies.
This research illustrates the benefits of Universal Design for Instruction (UDI) and the Systematic Design for Instruction (SDI) in the classroom. The UDI and SDI approaches assist in accommodating legal mandates, diversity and equity among students without compromising academic standards. The UDI philosophy and SDI methods of instruction serve as the foundation for an introductory criminal justice course. The focus is on diverse student learning styles and active learning strategies. A questionnaire evaluated student opinions concerning their experiences with varied instructional modalities and computer technology. The preliminary survey findings were positive for active learning demonstrations, varied learning experiences, and on-line practice testing. Summative evaluation results indicate that these are preferred learning modalities for student participants in two introductory criminal justice courses at the University.
Reflections on Law Schools and the Idea of the University 3After a few weeks of classes, I am impressed with my students.They are committed to their studies.They are earnest and industrious. 4 They are good people.They will make good-even great-lawyers.