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710 - Federal Courts
Professor: Daniel P. Tokaji
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: EXAM
Course Description
The federal courts have long served as a refuge for those seeking fair consideration of their grievances and vindication of their constitutional rights. Yet the scope of the federal courts' power to resolve disputes and to "say what the law is" remains the subject of fervent disagreement. This course will examine the scope of and limitations upon the federal judicial power. It will explore two issues of constitutional structure: (1) the courts' relationship to the other branches of the federal government ("separation of Powers"), and to the proper relationship between the federal and state governments ("federalism"). The Supreme Court's jurisprudence in these two areas have had a profound impact not only on the practice of law, but also on the development of our nation. Topics to be addressed include access to the federal courts, political questions, sovereign immunity, abstention, and civil rights lawsuits against state and federal officers.
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