This course considers the role of the federal courts in the federal system. In one aspect, it is an advanced course in public law whose subject is the allocation of power among governmental institutions and the relationships between the states and the federal government - federalism - and the relationship between the federal courts and the political branches of the federal government - separation of powers. In its other aspect, it is a course on the institutional design of the federal courts: the scope and limits of their power, the structure of the judicial system, essential aspects of practice and procedure in the federal courts, 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. It considers the original and appellate jurisdiction of the federal courts, the law to be applied, the justiciability doctrines, Congressional power to limit the jurisdiction of the federal courts and to create "legislative courts" outside of Article III, Supreme Court review of judgments, state sovereign immunity, litigating against the government, abstention, and federal habeas corpus.
This course is highly recommended for students interested in pursuing judicial clerkships or litigation in the federal courts. However, this course looks at the same issues as Federal Jurisdiction plus additional subjects of importance to the role of federal courts. Therefore, students who have previously taken Federal Jurisdiction are not eligible to take this course.