An Annotated Bibliography on Federal Appellate Practice and Procedure

By Baker, Thomas E. | Journal of Appellate Practice and Process, Spring 2008 | Go to article overview

An Annotated Bibliography on Federal Appellate Practice and Procedure


Baker, Thomas E., Journal of Appellate Practice and Process


The materials in this bibliography are arranged by: treatises; textbooks; studies and books; manuals; symposia; and articles and annotations. The articles and annotations are grouped topically. Works are listed alphabetically by author. Especially important sources for studying and understanding appellate jurisdiction are noted with an asterisk. Each entry appears only once even if it might fit into more than one category.

I. TREATISES

* James Wm. Moore & Daniel R. Coquillette, Moore's Federal Practice (3d ed., Matthew Bender 1997): 33 vols.; once considered the preeminent treatise on federal jurisdiction and procedure; volumes 19 and 20 cover appeals to the courts of appeals, but the treatise is better for issues on district court jurisdiction; organization and presentation of material are not up to earlier editions; still comprehensive; a good place to begin research.

Richard J. Pierce, Jr., Administrative Law Treatise (4th ed., Aspen Law & Business 2002 & Supp. 2007): 3 vols.; once considered the preeminent treatise; primarily devoted to administrative law, but also covers administrative procedure.

Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law--Substance and Procedure (3d ed., West Group 1999): 5 vols.; an up-to-date analysis and synthesis of constitutional law; a superior resource on the constitutional aspects of federal jurisdiction; the popular one-volume student hornbook is keyed to this treatise.

* Charles Alan Wright, Arthur R. Miller & Andrew D. Leipold, Federal Practice & Procedure (4th ed., Thomson West 2008): 78 vols.; the best and most usable multi-volume treatise on federal courts; updated continuously with supplements; volumes 15A, 15B, 16, and 16A cover the courts of appeals; each section amounts to a knowledgeable and thorough lecture on the topic with comprehensive and exhaustive citations; the sixth edition of Wright & Kane's student hornbook (2002) is a masterful highlight of this set.

II. TEXTBOOKS

* Ruggero J. Aldisert, The Judicial Process--Text, Materials and Cases (2d ed., West Publg. Co. 1996): a thoughtful jurist examines his craft; a mixture of jurisprudence and procedure.

Lea Brilmayer & Jacob Corre, An Introduction to Jurisdiction in the American Federal System (Michie Co. 1986): designed as a student guide to some of the more esoteric questions of jurisdiction.

Robert C. Casad & William B. Richman, Jurisdiction in Civil Actions: Territorial Basis and Process Limitations on Jurisdiction of State and Federal Courts (3d ed., Lexis Law Publg. 1998 & Supp. 2006): a comprehensive treatment of all aspects of district court jurisdiction in civil actions, including constitutional limits and rules of procedure; very thorough on the original jurisdiction of the district courts.

* Gregory A. Castanias & Robert H. Klonoff, Federal Appellate Practice and Procedure in a Nutshell (Thomson West 2008): a practical overview of federal appellate procedures; a useful student guide; a concise reference for attorneys.

Erwin Chemerinsky, Federal Jurisdiction (5th ed., Aspen Publishers 2007): a discussion of the law and policy involved with current jurisdictional issues; focus is more on the district court level and federal-state issues; a comprehensive and thorough student guide written by a masterful teacher and prolific academic.

Robert M. Cover, Owen M. Fiss & Judith Resnik, The Federal Procedural System: A Rule and Statutory Source Book (Foundation Press 1991): an innovative casebook that takes a theoretical approach to understanding federal court jurisdiction; a post-modern, meta-theory approach.

David P. Currie, Federal Courts--Cases and Materials (4th ed., West Publg. Co. 1990): an effort at modern organization to emphasize major contemporary themes such as civil rights jurisdiction; note materials seek to deepen analysis; includes a statutory appendix. …

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