Carriere, Oliver P.

English

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Louisiana Law ReviewVolume 2 | Number 4May 1940CASES ON FEDERAL JURISDICTION ANDPROCEDURE, by Armistead M. Dobie andMason Ladd. West Publishing Company, St. Paul,1940. Pp. lii, 1091.Oliver P. CarriereThis Book Review is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted forinclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact kreed25@lsu.edu.Repository CitationOliver P. Carriere, CASES ON FEDERAL JURISDICTION AND PROCEDURE, by Armistead M. Dobie and Mason Ladd. WestPublishing Company, St. Paul, 1940. Pp. lii, 1091., 2 La. L. Rev. (1940)Available at: https://digitalcommons.law.lsu.edu/lalrev/vol2/iss4/18ReviewsCASES ON FEDERAL JURISDICTION AND PROCEDURE, by Armistead M.Dobie and Mason Ladd. West Publishing Company, St. Paul,1940. Pp. lii, 1091.This work by Deans Dobie and Ladd should be of interest andvalue to the teacher, practitioner and student. Unquestionably,the topic of federal jurisdiction and procedure is becoming moreimportant as a subject in the law school curriculum.' Further,the new federal rules of civil procedure have greatly increasedthe practitioner's interest in, and his use of, the United StatesDistrict Courts.The casebook is ideal for use by the teacher who gives apractical course in federal jurisdiction and procedure. The topicis presented in a lively and interesting manner.The material in the casebook is excellently selected, copiousnotes are presented and numerous law review articles are cited.The work in effect takes up where Dean Dobie left off in 1935 inhis work, Cases on Federal Procedure.It has been the writer's experience that the course can bestbe taught by dividing the topic into two parts: First, federal jur-isdiction; Second, federal civil procedure under the new rules.Chapter I deals with the federal judicial system. Chapter IIcovers the original jurisdiction of the United States DistrictCourt.The removal jurisdiction and procedure of the United StatesDistrict Court is the subject of the third chapter. This topic isminutely exploited, and to the practicing attorney it is possiblythe most useful chapter.Chapter IV covers venue in civil cases. The matter of thesubstantive law applied by the federal courts is dealt with inChapter V. Erie Railroad Co. v. Tompkins2 is discussed fully.Its effect, ramifications and importance insofar as what is sub-stantive and what is procedural law is presented in detail.1. Thirty-four schools, members of the Associations of American LawSchools, were listed in 1933 as offering a course on this subject. Thirty-ninemember schools were listed in 1935, and forty-six were listed in 1939. See(1936) 14 Tex. L. Rev. 128.2. 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487 (1938).[ 762 1BOOK REVIEWSChapter VI is an innovation in the federal jurisdiction field.It is a chapter devoted to the civil procedure in the United StatesDistrict Court. This chapter does not deal with all of the rules ofcivil procedure. However, the rules not dealt with in Chapter VIare covered in other interrelated topics in the work.The remaining chapters are devoted to the relations of stateand federal courts; the appellate jurisdiction of the Circuit Courtof Appeals; the appellate jurisdiction of the United States Su-preme Court and the original jurisdiction of the United StatesSupreme Court. No cases are given dealing with criminal pro-cedure in the federal courts.The appendix contains the text of the rules of civil procedurefor the district courts of the United States, and also the notes pre-pared by the advisory committee on the rules.It is now possible to teach a course in federal jurisdiction andprocedure that is exactly what its name implies. With the use ofthe Dobie and Ladd casebook the jurisdiction and procedure inthe United States courts can be adequately covered in the lawschool in a most practical manner.The reviewer has adopted this casebook for his course. Thework is one that the student should keep for future reference; hewill find it useful in the practice of law.OLIVER P. CARRIERE*RESPONSIBILITY OF STATES FOR ACTS OF UNSUCCESSFUL INSURGENTGOVERNMENTS, by Haig Silvanie. Columbia University Press,New York, 1939. Pp. 223. $2.75.This is a useful study of an interesting as well as importantphase of international law. It is particularly valuable for itsanalysis of the decisions of international mixed claims commis-sions. These decisions, together with those of national courts, andthe correspondence of foreign offices, form the basis, of the au-thor's conclusions.In view of the "settled rule of international law that the stateis responsible for acts of insurgent governments which ultimatelysucceed in establishing themselves in power,", the author in thisvolume attempts "to state the rule of international law dealing* A.B., LL.B., Louisiana State University; Instructor in Federal Jurisdic-tion and Procedure, Loyola University (New Orleans).1. P. 7.1940]

CASES ON FEDERAL JURISDICTION AND PROCEDURE, by Armistead M.
Dobie and Mason Ladd. West Publishing Company, St. Paul,
1940. Pp. lii, 1091.

https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=1194&amp;context=lalrev

CASES ON FEDERAL JURISDICTION AND PROCEDURE, by Armistead M. Dobie and Mason Ladd. West Publishing Company, St. Paul, 1940. Pp. lii, 1091.

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