Home -> Law Blog Directory -> Religion & Law Blogs -> Mirror of Justice

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Religion & Law

: Mirror of Justice

Congrats to MOJ-er Greg Sisk ...

By Michael Perry

ADVERTISEMENTS

... on the publication of his casebook.

Litigation with the Federal Government: Cases and Materials
GREGORY C. SISK University of St. Thomas School of Law (Minnesota) U of St. Thomas Legal Studies Research Paper No. 07-36 Gregory C. Sisk, LITIGATION WITH THE FEDERAL GOVERNMENT: CASES AND MATERIALS, Foundation Press, 2d ed., 2007

Abstract: Although every lawyer, law teacher, and law student recognizes that the United States government is involved in every federal criminal case, fewer appreciate that the federal government is a party, as plaintiff or defendant, to between one-fifth and one-quarter of all civil cases in the federal courts. Moreover, the United States is hardly a typical litigant, as it benefits from a plethora of special procedures, defenses, and limitations on liability not available to others. Indeed, the federal government may not be subjected to suit at all absent its own express consent - a concept of federal sovereign immunity that rests somewhat uneasily within the jurisprudence of a democratic society. The United States Supreme Court and the federal courts continue to devote substantial attention to recurring questions of sovereign immunity, the distinctive jurisdictional statutes governing litigation with the United States, special forums for adjudication of particular types of governmental disputes, the limitations on governmental liability in tort and contract, and the availability of and standards for awards of attorney's fees against the government and its agencies. We can learn much about a system of government by examining when and how that government responds (or does not respond) to injuries that its agents or activities have caused to its citizens. Accordingly, any student of federal litigation or of our system of government should develop a critical understanding of the unique principles and statutes that govern when the federal sovereign becomes a party to a civil action. In this casebook, Professor Sisk collects the leading cases, pertinent statutory texts, and scholarly commentary, together with substantial accompanying notes and questions. The book examines the federal government as a civil litigator, including the role of the Department of Justice, ethical expectations for government attorneys, and the procedural rules for litigation and resolution of claims against the government; the persistent question of federal sovereign immunity; federal governmental liability in tort, contract, and other areas; specialized tribunals for federal government cases; suits against federal officers; and awards of attorney's fees against the government and its agencies.