By Richard H.W. Maloy
As the authorization for subject matter jurisdiction of U.S. District Courts, is principally constitutional and statutory in content, the U.S. Constitution, particularly Article III, 44 primary statutes, a Federal Rule of Civil Procedure, and judicial decisions permitting the federal trial courts to entertain equity controversies, abstention, and matters they may not consider, have been analyzed in the 1,376 cases presented in this book. The expository writing of appellate judges has been included to clarify the meaning of constitutional and statutory provisions. The Opinions of District Court Judges, when applicable, have been featured throughout the book. All of these sources are utilized in its construction. Professor Maloy has presented this vital facet of the judicial system of the United States with opening and closing remarks, separate chapters on the U.S. Constitution, the Judiciary Acts, and the codification of U.S. statutes. Those features complete the 52 chapter presentation with its 2,162 footnotes of clarification.
Both Chief Justice Salmon P. Chase and Justice Oliver Wendell Holmes, writing for the U.S. Supreme Court, have proclaimed that the jurisdiction of a court is its power to render meaningful judicial decisions. Justice Anthony M. Kennedy, also writing for the Court, has cautioned the courts not to use that power to stifle the ever so important freedom of speech of the populace. The statutes and judicial decisions, of which this work is an important part, have been presented with both observations of those learned scholars emphatically in mind.
This book has been written for those who want to know something about the â€œbusinessâ€ù of the U.S. District Courts, and also for District Court Judges, who already know a lot about the â€œbusinessâ€ù of their courts, but who just might want to know a bit more.
Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies.
November 2010, Paperback, 486 pages