In recent years, much political and legal debate has centered on the class action lawsuit. Many lawyers and judges have noted the intense pressure to settle caused by the very filing of a suit. Some contend that the procedure amounts to a form of judicial blackmail. Others counter that it is an effective means of policing corporate behavior and assuring injured victims' fair compensation. This book represents the first scholarly effort to view the modern class action comprehensively through the lenses of American political and constitutional theory. Redish argues that the modern class action undermines foundational constitutional principles, including procedural due process and separation of powers, and has been improperly transformed from its origins as a complex procedural device into a means for altering controlling substantive law in highly undemocratic ways. Redish proposes an alternative vision of the class action lawsuit, one that is designed to enable the device to serve its valuable procedural purposes without simultaneously contravening core precepts of American constitutional democracy.

Product Description: This Updated 4th Edition revises the casebook to account for the restyling of the Federal Rules of Civil Procedure. The pagination has not changed from the 4th Edition (2005). Students will be alerted to the new numbering and wording of the Rules; but teachers can continue to use their current versions of the 4th edition as originally published...read more

Product Description: In this new edition, the authors have retained the basic structure of their successful casebook while updating materials, trimming, and substituting where needed to ensure that the material remains topical and current. Emerging personal jurisdiction problems in cases involving use of the Internet are explored...read more

The four years since the publication of the 5th edition the last years of the Rehnquist Court and the first year of the Roberts Court have seen many changes and transitions. The Supreme Court has continued to refine or alter doctrines of federal jurisdiction, including doctrines regarding state sovereign immunity, habeas corpus, federal question jurisdiction, supplemental jurisdiction, and others. The 6th edition contains a number of new Supreme Court cases as principal cases, including Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing on federal question jurisdiction, Exxon Mobil Corp. v. Allapattah Services, Inc. on supplemental jurisdiction, and Marshall v. Marshall on the probate exception to federal jurisdiction. Many other recent cases are discussed extensively in the notes, including Nevada Dept. of Human Resources v. Hibbs, Tennessee v. Lane, and Central Virginia Community College v. Katz on state sovereign immunity, and Vieth v. Jubelirer and LULAC v. Perry on political questions. There is also a new discussion of habeas in the context of the war on terrorism. Throughout, the 6th edition maintains the core pedagogic structure and values that have characterized the book since its very first edition.

This book demonstrates that neither the current liberal nor conservative positions on the McCarthy era provide the basis for a normative perspective. Examining the era through the lens of the theory of free expression, it becomes apparent that both sides have basically missed the key point. While recently declassified documents demonstrate widespread participation by American Communists in conducting or facilitating espionage, much of the negative treatment they received had little or nothing to do with such activity. From the perspective of the First Amendment right of free speech, there exists a significant difference between speech that advocates conduct, on the one hand, and speech that itself is part of a nonspeech criminal act, such as espionage, on the other. By helping to separate protected speech from unprotected speech-acts, First Amendment theory can do much to distinguish between the legitimate governmental responses to American Communism and those that contravened basic notions of communicative freedom protected by the Constitution. era, one should be able to glean insights about the broader implications of free speech protection.

Product Description: Since the publication of the principal casebook, the Supreme Court has decided a number of significant federal jurisdiction cases, including cases involving the Eleventh Amendment, habeas corpus jurisdiction, and the relationship between state and federal courts...read more

Product Description: Since the publication of the principal casebook, the Supreme Court has decided a number of significant federal jurisdiction cases, including cases involving the Eleventh Amendment, habeas corpus jurisdiction, and the relationship between state and federal courts...read more

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Product Description: Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely downplayed. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights...read more