Federal Courts

This course addresses the role of the federal courts in the American system of federalism and separation of powers, as well as their role in the development of substantive federal law and constitutional rights. These roles are defined by both constitutional and statutory directives and limitations. Many of them implicate central themes of judicial supremacy and judicial review. The subjects likely to be covered include congressional control of the jurisdiction of the Supreme Court of the United States, lower federal courts, and state courts; the justiciability doctrines of standing, ripeness, and mootness; the nature of constitutional and statutory federal question jurisdiction; federal common law and implied causes of action; sovereign immunity; the abstention doctrines; and habeas corpus. The course is strongly recommended for students interested in pursuing a judicial clerkship and/or a career in litigation. Elements used in grading: Class attendance, class participation, one-day take home exam.