Federal Jurisdiction: Policy and Practice: Case and Materials

Excerpt from the Preface: Both the title of our book and its content reflec the combination of interests that we brought to the endeavor. One of us comes to the teaching of federal courts by way of history and constitutional law, the other by way of practice and procedure. Our collaborative effort has resulted in rethinking the entire subject. The point of view can be simply stated: The words of article III, providing for the jurisdiction of the federal court, are opaque - the meaning that has been given to them by the courts and by Congress is not the only possible one. Understanding the implications of article III and the jurisdictional statues Congress has enacted will not, in our opinion, be found through a search in history for a "true meaning." Rather the search is for the choices that were open to the drafters of the Constitution and the Judiciary Act of 1789 and for the changes in the interpretations given to the written language. There is comprehensive coverage of the practice and procedure in the federal courts - joinder of parties nad claims, class actions, appellate review, and the requisites of subject-matter jurisdiction in federal question and diversity cases.