The 9th edition brings the book up to date on multiple fronts. The new edition adds the perspectives of two new authors (both established Federal Courts scholars) and includes two new Supreme Court decisions as principal cases. In addition, the edition incorporates references to dozens of new Supreme Court cases and lower court cases, and interrogates those developments in part through the lens of new books and articles cited in the Notes. The discussion of standing has been expanded to include circumstances in which courts act in the absence of adverse parties, and the discussion of qualified immunity has also been expanded. The new edition probes the history of Ex parte Young and the role of equity in providing a right to sue. It also treats the latest jurisdiction-stripping cases, habeas non-suspension developments, and the use of nominal damages to preserve civil rights litigation against claims of mootness.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 12/29/2021

Martin H. Redish, Northwestern University School of Law

Suzanna Sherry, Vanderbilt University Law School

James E. Pfander, Northwestern University School of Law

Steven S. Gensler, University of Oklahoma Law Center

Adam N. Steinman, Texas A&M University School of Law

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1. Added two established Federal Courts scholars as co-authors, bringing in new perspectives.

2. Added two new Supreme Court cases as principal cases, with Notes following them:

  • Rucho v. Common Cause (Chapter 1)
  • Edwards v. Vannoy (Chapter 12)

3. Added descriptions of dozens of new Supreme Court cases, lower court cases, and books and articles to the Notes.

4. Added a new subsection to Section 2 of Chapter 1 (Standing), discussing standing in the absence of adverse parties, including such topics as FISA warrants and petitions for naturalized citizenship.

5. Reorganized Chapter 3 (Legislative Courts) into three sections:
  • Agency Adjudication, “Constitutional Facts,” and the Adjunct Theory
  • Legislative Courts and Article III: Some Lessons from History
  • Formal and Functional Solutions to Legislative Courts Problems

6. Expanded the discussion of qualified immunity in Chapter 6 (Remedies Against State and Local Action: § 1983).

Learn more about this series.