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Monographs on Substantive Legal Topics

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January 5, 2018
Jake Kobrick, Daniel S. Holt

The concluding volume of the series covers debates concerning structural changes to the federal courts, including the creation of the U.S. magistrate and U.S. bankruptcy judge positions, and alterations to the federal appellate system, including the division of the Fifth Circuit, the creation of the Federal Circuit, and proposals for a national court of appeals. A section on criminal justice reform recounts debates over access to counsel for indigent defendants, detention before trial, habeas corpus, and the creation of the U.S. Sentencing Commission.

March 24, 2016
Robert Timothy Reagan

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August 31, 2015
Alan Hirsch, Diane Sheehey, Thomas E. Willging

Awarding Attorneys’ Fees and Managing Fee Litigation (Third Edition) analyzes the law of attorneys' fee awards under fee-shifting statutes, the common fund doctrine and its progeny, and the substantial benefit doctrine. It explains the issues that federal judges are most likely to encounter in attorneys’ fees litigation, including discretionary awards to non-prevailing parties, valuation of class settlements, empirical studies of class action fee awards, and changes in the PSLRA.

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December 31, 2014
William H. Brown

Consumer Bankruptcy Law: Chapters 7 & 13 describes the statutory framework for bankruptcy relief under the Bankruptcy Code and analyzes the fundamental issues that arise in bankruptcy litigation. The monograph explains how bankruptcy cases proceed, including filing, debtor duties, automatic stay, damages, the estate, exemptions, and claims. It also examines circuit splits, as well as unsettled issues as a result of BAPCPA. Decisions of the bankruptcy courts, district courts, and courts of appeals are covered through December 31, 2014.

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October 8, 2014
Martin A. Schwartz

Section 1983 Litigation (Third Edition) analyzes the large number of recurring issues that arise in litigation under 42 U.S.C. § 1983. This monograph contains new sections on discovery, Bivens claims, new material on stops and searches, and model jury instructions. It includes case law from the October 2013 Supreme Court term ending June 30, 2014, and major courts of appeals and select district court decisions reported through June 30, 2014.

Out-of-print September 2016; no future editions of this title are currently planned.

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August 20, 2014
Robert Timothy Reagan

The National Voter Registration Act (NVRA) was enacted in 1993 to promote voter registration and registration accuracy. The statute requires states to establish procedures for voter registration (1) upon obtaining a driver’s license; (2) by mail; (3) at government offices, including those providing public assistance or disability services; and (4) at military recruitment offices. This monograph surveys federal court interpretations of the statute. The text of the statute is included as an appendix.

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January 1, 2013
Daniel S. Holt
This volume of the documentary history collection introduces readers to public debates on proposals to alter the organization, jurisdiction, and administration of the federal courts, as well as the tenure and authority of federal judges, during the late nineteenth and early twentieth centuries. The documents illustrate the contending views of lawyers, judges, legislators, legal scholars, and ordinary citizens on the judiciary’s role in American constitutional government.
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January 1, 2013
Bruce A. Ragsdale
The first volume of the Documentary History of Debates on the Federal Judiciary traces the long process of defining the judiciary within the relatively brief outline provided by the Constitution. The volume includes annotated excerpts from debates on the establishment and jurisdiction of federal trial courts, judicial tenure and the impeachment of judges, judicial review of state court decisions, circuit riding and the expansion of the court system to serve a growing nation, and the impact of the Civil War on the federal courts.
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January 1, 2013
Robert Force
This monograph introduces federal judges to admiralty and maritime law, including the rules relating to jurisdiction and procedure that are peculiar to this field. The author covers areas relating to commercial law, such as charter parties, carriage of goods, and marine insurance. The second edition provides the most recent case citations, expanded coverage of maritime personal injury, updated material on jurisdiction, and new references to classification society liability.
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December 4, 2012
Marie Leary, Robert Timothy Reagan

The Help America Vote Act of 2002 (HAVA) was Congress's reaction to issues that arose during the 2000 presidential election. It includes standards for provisional ballots and sets minimum standards for voting equipment used in federal elections. This guide summarizes how HAVA has been applied in federal and state courts and includes the act's text as an appendix.

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