Section 001 Information
Federal Courts is principally about judicial power, including the extent and nature of that power, the constitutional and sub-constitutional limits on that power, and how that power is exercised by the federal courts to protect the separation of powers and other fundamental constitutional principles.
Our topics will include the constitutional scope of the jurisdiction of the federal courts (and Congressâs power to constrain that jurisdiction); the legal authority for, and substantive limits on, non-Article III courts; military tribunals and other non-Article III adjudicators; the jurisdictional interplay between state and federal courts; the complicated field of âfederal common lawâ; the availability of--and scope of sovereign and official immunity from--suits challenging state and federal official action; judge-made doctrines that limit the exercise of federal jurisdiction; and the procedural minefield that is federal habeas corpus for state prisoners.
Our study of each issue focuses on current doctrines, structures, policies, and important historical developments. This focus necessarily includes within its sweep some fundamental questions about the proper horizontal separation of powers between the political branches and the judiciary, the proper vertical separation of powers between federal and state courts, and the structural and individualized constitutional issues raised by any of the relevant actorsâ attempts to alter the traditional arrangements.
- School Year & Semester
- Fall 2021
- JGH 104
Class meets on
- Method of Evaluation
- J.D Writing Credit?
- At the end of the course, students will have acquired understanding of and/or facility in a specific body of law, including major policy concerns
- At the end of the course, students will have acquired understanding of and/or facility in doctrinal analysis, including close reading of cases and precedents, and application to facts
- At the end of the course, students will have acquired understanding of and/or facility in the historical development of law and legal institutions
- At the end of the course, students will have acquired understanding of and/or facility in judicial, legislative and/or administrative processes
- Instructor Pre-requisites
- Constitutional Law, Civil Procedure
- Instructor Co-Requisites
- Recommended Courses
- Other Limitations