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Federal Courts - Standards of Review: Appellate Court Review of District Court Decisions and Agency Actions (American Casebooks) Paperback

ISBN-13: 978-0314167613 ISBN-10: 0314167617 Edition: 1st

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Product Details

  • Series: American Casebooks
  • Paperback: 223 pages
  • Publisher: Thomson West; 1 edition (August 31, 2007)
  • Language: English
  • ISBN-10: 0314167617
  • ISBN-13: 978-0314167613
  • Product Dimensions: 9.9 x 7.3 x 0.5 inches
  • Shipping Weight: 1 pounds
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #1,269,272 in Books (See Top 100 in Books)

Editorial Reviews

Review

"A superb treatment, clear and comprehensive, of a crucial aspect of every appellate case. This is a book that fills a huge gap in the literature and that every appellate lawyer, law clerk, and judge should own." --Erwin Chemerinsky, Alston & Bird Professor of Law, Duke Law School

"Standards of review are at the heart of appellate and administrative law and this book is the comprehensive guide to plumbing their depths. The combination of analytic clarity and thorough explanation could only be achieved by authors with the extraordinary wealth of judicial, academic, and practice experience of Judge Harry Edwards and Linda Elliott. Destined to become the definitive cited source on its subject, Federal Courts Standards of Review should be required reading for students, law clerks, and practitioners alike. " --Noah Feldman, Professor of Law, Harvard Law School

"The best appellate lawyers know that cases are won or lost depending on the standard of review. This book provides a sophisticated and comprehensive analysis of those standards, and it makes accessible even the most complex doctrines of review. It is essential reading for anyone interested in appellate litigation and a must-have reference for appellate and trial judges, law clerks, appellate lawyers, and law students." --Rachel E. Barkow, Professor of Law, New York University School of Law

About the Author

Harry T. Edwards is a Senior Circuit Judge and Chief Judge Emeritus of the United States Court of Appeals for the D.C. Circuit in Washington, D.C., and a Visiting Professor at NYU School of Law. Before joining the bench in 1980, Judge Edwards practiced law in Chicago, Illinois, and then was a tenured Professor of Law at the University of Michigan and Harvard Law Schools. He has lectured frequently, coauthored four books, and published extensively in a variety of areas including federal courts, administrative law, appellate practice, judicial process and administration, legal education, professionalism, alternative dispute resolution, labor law, equal employment opportunity, labor arbitration, and higher education law. Linda A. Elliott is presently Special Counsel to Senior Circuit Judge Harry T. Edwards at the United States Court of Appeals for the D.C. Circuit and an Adjunct Professor at NYU School of Law, where she has taught since 2001. Ms. Elliott began her service to the Court in 1998 as Deputy Circuit Executive. Prior to that time, Ms. Elliott was a staff attorney at the Public Defender Service for the District of Columbia, where she represented indigent adults and children at both the trial and appellate levels. From 1988 to 1990, Ms. Elliott was an E. Barrett Prettyman Fellow at Georgetown University Law Center; in 1997, she returned to the Law Center as a Visiting Associate Professor of Law in the Criminal Justice Clinic.

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Most Helpful Customer Reviews

6 of 6 people found the following review helpful By Gail Elise Abbey on September 1, 2007
Format: Paperback
This is a truly outstanding book and there is nothing like it on the market. The Editorial Reviews, written by preeminent legal scholars, speak volumes about the high quality and significance of the book. The principal features and benefits of the book are numerous. Most notably, the book:

Describes the doctrinal frameworks informing the various standards of review.

Gives separate treatment to review of district court decisions and review of agency actions, highlighting the fundamentally different character of the decisionmaking performed by agencies and trial courts.

Explains the crucial considerations that justify the allocation of decisional authority between district courts and administrative agencies, on the one hand, and the United States Courts of Appeals, on the other.

Explains the fact/law paradigm and its limitations in determining the appropriate standard of review.

Using clear examples, gives content to the "mixed question" dilemma that results from the application of an abstract law to historical facts.

Analyzes at length the standards controlling appellate review of agency actions under the Administrative Procedure Act, and the deference due an agency's construction of its authorizing statute pursuant to the Supreme Court's seminal decisions in Chevron and its progeny.

Examines the key statutes and rules defining federal standards of appellate review, including 28 U.S.C. § 2111, the Federal Rules of Civil Procedure, Criminal Procedure, and Evidence, and the APA.

Focuses on the seminal Supreme Court decisions interpreting and applying the relevant statutes and rules, as well as the key decisions giving common law content to the standards of review.
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