Federal Courts
This course considers the role of the federal courts in the federal system. It is both an advanced course in constitutional law and a course on the institutional design of the federal courts. In the first aspect, it considers two great themes: the allocation of power between the states and the federal government -- federalism -- and the relationship between the federal courts and the political branches of the national government -- separation of powers. In the other aspect, it focuses on the structure of the judicial system, the scope and limits of federal judicial power, essential aspects of federal court procedure, and the evolving structural response of the federal courts to changes in technology, commerce, government, and a multitude of factors that affect the business of the federal courts and the role of federal judges. Topics include the original and appellate jurisdiction of the federal courts, Supreme Court review of state court judgments, federal common law including implied rights of action, Congressional power to limit the jurisdiction of the federal courts and to create adjudicative bodies within the federal government but outside the requirements of Article III, state sovereign immunity, litigating against the government and federal habeas corpus. This course is highly recommended for students planning to practice in the federal courts or to pursue a judicial clerkship. This course complements Constitutional Litigation (Law 641), and students who plan to clerk will benefit from taking both courses.