Study of the Division of Jurisdiction Between State and Federal Courts
xix, 587 pp., 1969, Order Code 5045, Was $35. NOW $20. -- Order this item
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Noting "the constant upward trend in the total volume" of cases filed in the United States District Courts and the pendency in Congress of proposals to abolish or curtail federal jurisdiction based upon diversity of citizenship, Chief Justice Warren in his opening address to the Annual Meeting in May 1959 observed that it "is essential that we achieve a proper jurisdictional balance between the federal and state court systems, assigning to each system those cases most appropriate in the light of the basic principles of federalism." To that end, he expressed the hope that the Institute "would undertake a special study and publish a report defining, in the light of modern conditions, the appropriate bases for the jurisdiction of federal and state courts." That study is presented in this volume. Its conclusions are cast in the form of a proposed revision of those provisions of Title 28 of the United States Code delineating the jurisdiction of the District Courts, the procedure for its invocation, and the limitations on its exercise in certain cases. The statutory recommendations are accompanied by a full supporting commentary addressed to the content and development of present law, the areas in which it is believed to call for technical improvement or revision of its underlying policy, and the grounds for the amendments proposed.
General Diversity: Jurisdiction, Venue, Process; General Federal Question Jurisdiction; Admiralty and Maritime Jurisdiction; United States as Party; Stays in Certain Cases: Three-Judge Courts; Procedure for Removal; Raising and Foreclosure of Jurisdictional Issues. Multi-Party, Multi-State Diversity: Jurisdiction, Venue, Process; Miscellaneous Statutory Changes; Miscellaneous Changes in Rules of Civil Procedure; Appendices.
Chief Reporter:
Richard H. Field, Law School of Harvard University, Cambridge, Massachusetts.Reporters:
Paul A. Mishkin, University of Pennsylvania Law School, Philadelphia, Pennsylvania (General Diversity and Multi-Party, Multi-State Jurisdiction; to June 1965); Charles Alan Wright, The University of Texas School of Law, Austin, Texas [from December 1963].Assistant Reporter:
David L. Shapiro, Law School of Harvard University, Cambridge, Massachusetts (General Diversity and Multi-Party, Multi-State Jurisdiction).Consultants:
David F. Cavers, Law School of Harvard University, Cambridge, Massachusetts (Choice-of-Law Problems); Leavenworth Colby, United States Department of Justice, Washington, District of Columbia (Admiralty and Maritime Matters).Advisory Committee:
John G. Buchanan, Pittsburgh, Pennsylvania [from 1965]; Oscar H. Davis, Judge, United States Court of Claims, Washington, District of Columbia; Edward J. Dimock, Judge (Ret.), United States District Court, Southern District of New York, New York, New York; Henry J. Friendly, Judge, United States Court of Appeals, Second Circuit, New York, New York; Warner W. Gardner, Washington, District of Columbia [from 1964]; Henry M. Hart, Jr., Law School of Harvard University, Cambridge, Massachusetts; Charles A. Horsky, Washington, District of Columbia; Louis A. Kohn, Chicago, Illinois; Joseph S. Lord III, Judge, United States District Court, Eastern District of Pennsylvania, Philadelphia, Pennsylvania; Albert B. Maris, Judge (Ret.), United States Court of Appeals, Third Circuit, Philadelphia, Pennsylvania [from 1964]; Charles Merton Merrill, Judge, United States Court of Appeals, Ninth Circuit, San Francisco, California [from 1965]; Paul J. Mishkin, University of Pennsylvania Law School, Philadelphia, Pennsylvania [from June, 1965]; Robert L. Stern, Chicago, Illinois [from 1965]; Joseph Weintraub, Chief Justice, Supreme Court of New Jersey, Newark, New Jersey; Arthur E. Whittemore, Justice, Supreme Judicial Court of Massachusetts, Boston, Massachusetts; John Minor Wisdom, Judge, United States Court of Appeals, Fifth Circuit, New Orleans, Louisiana.Tentative and Other Annual Meeting Drafts
Official Draft, Part I: General Diversity: Jurisdiction, Venue, Process; Raising and Foreclosure of Jurisdictional Issues; Multi-Party Multi-State Diversity: Jurisdiction, Venue, Process
xiii, 218 pp., 1965, Order Code 5043, $5 -- Order this itemTentative Draft No. 2: General Diversity: Jurisdiction, Venue, Process; Multi-Party Multi-State Diversity: Jurisdiction, Venue, Process
xii, 210 pp., 1964, Order Code 5038, $5 -- Order this itemTentative Draft No. 3: General Federal Question Jurisdiction; Provisions Common to Diversity and Federal Question
xi, 110 pp., 1965, Order Code 5039, $3.50 -- Order this itemTentative Draft No. 4: General Federal Question Jurisdiction; Stays in Certain Cases; Three-Judge Courts; Procedure for Removal; Raising and Foreclosure of Jurisdictional Issues
xii, 226 pp., 1966, Order Code 5040, $5.50 -- Order this itemTentative Draft No. 5: General Federal Question Jurisdiction; United States as a Party; Stays in Certain Cases; Three-Judge Courts; Procedure for Removal; Raising and Foreclosure of Jurisdictional Issues; Miscellaneous Statutory Changes
xii, 280 pp., 1967, Order Code 5041, $7 -- Order this itemTentative Draft No. 6: General Federal Question Jurisdiction; Admiralty and Maritime Jurisdiction; United States as a Party; Exclusions from Federal Jurisdiction; Stays in Certain Cases: Three-Judge Courts; Procedure for Removal; Raising and Foreclosure of Jurisdictional Issues; Miscellaneous Statutory Changes
xii, 328 pp., 1968, Order Code 5042, $7 -- Order this itemProposed Final Draft No. 1: General Diversity: Jurisdiction, Venue, Process; Raising and Foreclosure of Jurisdictional Issues; Multi-Party Multi-State Diversity: Jurisdiction, Venue, Process
xiii, 215 pp., 1965, Order Code 5044, $5 -- Order this item