Course Description

This three-credit course studies the role of the federal courts in the federal system. Topics include the power of Congress to regulate the jurisdiction of the Supreme Court and the lower federal courts; federal question jurisdiction; Supreme Court review of state court judgments; federal common law; sovereign and official immunity doctrines; abstention and related limitations on federal courts' jurisdiction; and (to some extent) federal habeas corpus.  The course also will examine relationships between federal courts and the other branches of the federal government, the states, and the individual.

I practiced exclusively in the federal courts as an Assistant United States Attorney for over thirteen years.  My focus since I began to teach five years ago has been almost exclusively federal.  This was my favorite course in law school. I think that you will find it to be interesting.

Required Reading:

The primary text is Richard H. Fallon, Jr., John Manning, Daniel J. Meltzer, & David L. Shapiro, Hart & Wechsler's, The Federal Courts and the Federal System, (6th ed. 2009), along with its 2010 Supplement.  Other materials will be provided in class.  All materials other than the primary text will be available on the course website.  All required readings are essential.  Supplemental readings will be available for anyone who wants to delve into a subject more deeply.  Anything projected during class likely will be available on the course website.

Note about textbook and assignments:

I have updates to our textbook that will be provided electronically.  The assignments are subject to change.  The following covers only the first part of the term. 

Lesson Topic Assignment
#1 - May 26 THE DEVELOPMENT AND STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM

Supplements for Lesson 1:

  • PowerPoint slides used in class
  • There will not be an audio file of this lesson.
 Constitution, plus p.1-49
#2 - June 1 THE NATURE OF THE FEDERAL JUDICIAL FUNCTION: CASES AND CONTROVERSIES

SECTION 1. INTRODUCTION AND HISTORICAL CONTEXT

SECTION 2. ISSUES OF PARTIES, THE REQUIREMENT OF FINALITY, AND THE PROHIBITION AGAINST FEIGNED AND COLLUSIVE SUITS

  • Audio file of Lesson 2.
 pp. 49-100
#3 - June 2 REVIEW OF STATE COURT DECISIONS BY THE SUPREME COURT
SECTION 1. THE ESTABLISHMENT OF THE JURISDICTION

SECTION 2. THE RELATION BETWEEN STATE AND FEDERAL LAW (458)

SUBSECTION A: SUBSTANTIVE LAW

Supplemental materials for Lesson 3:

  • Audio file.
  • Handout of 28 U.S.C. 1251-1259 and Supreme Court Rule 10. (not available online)
  pp. 431-496
(actually stopped at 458)
#4 -June 7 THE LAW APPLIED IN CIVIL ACTIONS IN THE DISTRICT COURTS

SECTION 1. PROCEDURE

SECTION 2. THE POWERS OF THE FEDERAL COURTS IN DEFINING PRIMARY LEGAL OBLIGATIONS THAT FALL WITHIN THE LEGISLATIVE COMPETENCE OF THE STATES

  • Audio file of Lesson 4.

 

 Review 458 - 496.
Continue 533-537 & 550-564
#5 - June 14 [SUITS CHALLENGING OFFICIAL ACTION]

SECTION 2. SUITS CHALLENGING STATE OFFICIAL ACTION (869)

SUBSECTION A: THE ELEVENTH AMENDMENT AND STATE SOVEREIGN IMMUNITY (869)

  • Audio file of last hour of Lesson 5.
 869-941
#6 - 6/16

SUBSECTION B: FEDERAL CONSTITUTIONAL PROTECTION AGAINST STATE OFFICIAL ACTION (942)

SECTION 3. OFFICIAL IMMUNITY (986)

  • Lesson 6 was not recorded.
  • PowerPoint slides, here.

 

 942-986 & Supp, plus 986-1011
#7 - 6/21 FEDERAL HABEAS CORPUS

SECTION 1. INTRODUCTION (p.1153)

SECTION 3. COLLATERAL ATTACK ON CRIMINAL CONVICTIONS

SUBSECTION A. COLLATERAL ATTACK ON STATE CONVICTIONS (1213)

 

 pp. 1153-1159; 1213-1248
#8- 6/23

Same topic continued, mostly focusing on modern problems.

pp. 1249-1303
#9 - 6/28
SUBSECTION B. COLLATERAL ATTACK ON FEDERAL CONVICTIONS

SECTION 2. HABEAS CORPUS AND EXECUTIVE DETENTION (Counterterrorism)

 pp. 1303-1310, Al-Maqaleh v. Gates, plus Handout
#10 - 6/30 CONGRESSIONAL CONTROL OF THE DISTRIBUTION OF JUDICIAL POWER AMONG FEDERAL AND STATE COURTS

SECTION 1. CONGRESSIONAL REGULATION OF FEDERAL JURISDICTION

  • Audio file of Lesson 10. [Note: the batteries in the digital audio recorder failed at 1:01:55 into the class.  They were replaced at the break, and the end of the class was recorded.  The total audio file is 114 minutes.  The class (minus evaluations) was about 140 minutes.  Thus, about 25 minutes are missing from about 4:05 p.m. until about 4:30 p.m.]
 p. 275-324
Make-up class on July 5 at 3:00 p.m. or by cyber lecture: Lesson 14 on Standing, Mootness, Ripeness, and Political Questions.  Please read the cases found at the following pages: 100-113; 129-139; 153-156; 161-162; 183-187; 202-205; 212-217; 222-232. cancelled
   

July 6, 2010 is not a Legislative Monday

 

  
#11 - 7/7
[SECTION 3 FEDERAL AUTHORITY & STATE COURT JURISDICTION]

THE OBLIGATION OF STATE COURTS TO ENFORCE FEDERAL LAW

 pp. 408-423 plus  Supp.
#12 - 7/12
SECTION 2. CONGRESSIONAL AUTHORITY TO ALLOCATE JUDICIAL POWER TO NON–ARTICLE III FEDERAL TRIBUNALS
324-373
#13 - 7/14 FEDERAL COMMON LAW

[July 14 is a Legislative Monday, but as we meet on both Mondays and Wednesdays, anyhow, it does not affect us.]

  • Audio file of Lesson 13.

 

 pp. 607-654; 660-679
#14 -  cyber lecture STANDING TO SUE (p.100)
  • This topic was introduced at the end of class on July 7 and can be found at the end of the audio file for Lesson 11.
  • Here is the PowerPoint on this topic used on July 7.
  • Here is an audio file released on 7/15 that adds more to what discussed on July 7.  It runs about half an hour.
 pp 100-113; 129-139; 153-156; 161-162; 183-187; 202-205; 212-217; 222-232 (in other words, the cases, not the notes)
7/19 Examination