Federal Courts

3 units

Federal Courts is one of the capstone courses in a law school's curriculum. It is not merely a course about the use of the federal courts. Rather, it is a course that deals with fundamental issues of governance in a federal system where power is limited theoretically by co-equal branches of the government. These fundamental issues will be examined in the context of the relationship between the federal courts and both Congress and the President and the relationship between federal and state courts. We will study a variety of specific legal doctrines relating to the federal courts, such as congressional control over federal court jurisdiction; the federal courts' control over their own dockets through doctrines like standing; limitations on district court jurisdiction for federalism purposes, such as the Anti-Injunction Act and the abstention doctrines; federal issues in state court; the eleventh amendment and sovereign immunity; and habeas corpus. We will also examine the extent that President Trump and the current Supreme Court has weakened the balance of authority between the President and the courts. The textbook, Hart and Wechsler's The Federal Courts and the Federal System, which is on reserve in the law library, is the classic book for this course. The reading assignments will average about 20-25 pages per class. Attendance and preparation are required. The grade will be based on a three-hour closed-book essay exam.