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8209 - Federal Courts
Professor: Daniel P. Tokaji
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: none
Means of Assessment: Exam
Course Description
What role should the federal judiciary play in our democracy? Federal courts have often served as a refuge for those seeking vindication of their civil and political rights. Yet the scope of the federal courts’ power to decide cases and to “say what the law is” remains the subject of fervent disagreement. This course examines the scope of and limitations upon the federal judicial power under Article III of the Constitution. It is organized around three themes: (1) Separation of Powers, (2) Federalism, and (3) Enforcement of Federal Rights. Specific topics covered include standing and justiciability, jurisdiction-stripping, the confirmation process, sovereign immunity, abstention, Supreme Court review of state court decisions, Section 1983, implied rights of action, suits under customary international law, and habeas corpus. Underlying all of these topics is the core issue of access to justice. The cases we discuss have a major impact on the real-life practice of law. This course is therefore of great practical importance to those who wish to litigate -- especially those interested in impact litigation -- as well as anyone who would like to clerk for a federal judge or to be a federal judge someday.
The course materials listed above are for informational purposes only and should not be considered final. Students must check with the Registrar for a current list of closed courses.
