342 Federal Courts

Think of Federal Courts as the love child of Constitutional Law and Civil Procedure. It takes the Con Law I themes of federalism, separation of powers, and protection of individual rights and develops them in the context of jurisdiction, procedure, and remedies. Most experienced litigators--including criminal and regulatory litigators--consider the course essential. And it provides indispensable training for judicial clerkships.

In the past, Duke Law has offered Federal Courts in both one and two-semester formats. The present 4-credit version is intended as a stand-alone survey of the field. But like any effort to teach the course in one semester it can usefully be supplemented by taking Remedies, Public Law Litigation, Conflict of Laws, and other courses.

Federal Courts focuses on the nature of the Article III judicial power and its place in the constitutional scheme. We begin with the justiciability doctrines (standing, ripeness, mootness, as well as finality and adversariness), then move on to Congress's control over federal court jurisdiction and adjudication in non-Article III courts (e.g., bankruptcy courts and administrative agencies). We briefly consider the Supreme Court’s certiorari jurisdiction and its emergency docket. We then address the relationship between federal and state courts, including the U.S. Supreme Court's power to review state court decisions, the Erie doctrine's restriction on the common lawmaking powers of federal courts, and the implication of private rights of action under federal statutes and the Constitution. The course concludes with an in-depth treatment of both the constitutional and statutory grants of federal question, admiralty, and diversity jurisdiction.

Enrollment Pre-/Co- Requisite Information

Law 120 Constitutional Law is a pre-requisite.

International LLMs must get permission from International Studies to Enroll

Course Areas of Practice
  • Civil Litigation: Practice and Procedure
  • Constitutional Law and Civil Rights
  • Law, Democracy, and Society
Evaluation Methods
  • Final Exam
Degree Requirements
JD elective
JD Standard 303(c)
IntlLLM NY Bar
IntlLLM-SJD-EXC elective
PIPS elective
Course Type
  • Lecture
Learning Outcomes
  • Knowledge and understanding of substantive and procedural law

Sample Syllabi

Fall 2025

2025
Course Number Course Credits Evaluation Method Instructor

342.01 4
  • Final Exam
Ernest A. Young

Think of Federal Courts as the love child of Constitutional Law and Civil Procedure. It takes the Con Law I themes of federalism, separation of powers, and protection of individual rights and develops them in the context of jurisdiction, procedure, and remedies. Most experienced litigators--including criminal and regulatory litigators--consider the course essential. And it provides indispensable training for judicial clerkships.

In the past, Duke Law has offered Federal Courts in both one and two-semester formats. The present 4-credit version is intended as a stand-alone survey of the field. But like any effort to teach the course in one semester it can usefully be supplemented by taking Remedies, Public Law Litigation, Conflict of Laws, and other courses.

Federal Courts focuses on the nature of the Article III judicial power and its place in the constitutional scheme. We begin with the justiciability doctrines (standing, ripeness, mootness, as well as finality and adversariness), then move on to Congress's control over federal court jurisdiction and adjudication in non-Article III courts (e.g., bankruptcy courts and administrative agencies). We briefly consider the Supreme Court’s certiorari jurisdiction and its emergency docket. We then address the relationship between federal and state courts, including the U.S. Supreme Court's power to review state court decisions, the Erie doctrine's restriction on the common lawmaking powers of federal courts, and the implication of private rights of action under federal statutes and the Constitution. The course concludes with an in-depth treatment of both the constitutional and statutory grants of federal question, admiralty, and diversity jurisdiction.

Pre/Co-requisites

Law 120 Constitutional Law is a pre-requisite.

International LLMs must get permission from International Studies to Enroll

Spring 2025

2025
Course Number Course Credits Evaluation Method Instructor

342.01 4
  • Final Exam
Neil S. Siegel

This course will examine constitutional provisions, constitutional and prudential doctrines, and federal statutes that govern the independence, authority, and accountability of the federal courts in the American system of government. In considering the powers, duties, and limits of the federal courts, the course will focus on their relationship to the other branches of the federal government and to the states, including state courts. There will be special emphasis on how constitutional and prudential federal courts doctrines affect—and are affected by—the separation of powers among the three branches of the national government, the federalism relationship between the national government and the states, and the roles of different branches and governments in vindicating constitutional rights. Where relevant, the course will discuss recent cases and events. Unit One will introduce the federal courts and the federal courts system. Unit Two will examine statutory and constitutional limits on federal judicial power. Unit Three will focus on the availability (or unavailability) of federal court relief against the state, local, and federal governments and government officers. Unit Four will analyze federal court review of state court judgments and proceedings. Constitutional Law is a prerequisite. This will be the last opportunity that students will have to take the course with Professor Siegel.

Pre/Co-requisites
None

Spring 2024

2024
Course Number Course Credits Evaluation Method Instructor

342.01 4
  • Final Exam
Neil S. Siegel

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

Syllabus: 342-01-Spring2024-syllabus.pdf161.78 KB

Pre/Co-requisites
None

Spring 2023

2023
Course Number Course Credits Evaluation Method Instructor

342.01 5
  • Final Exam
Ernest A. Young

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

Pre/Co-requisites
None

Fall 2022

2022
Course Number Course Credits Evaluation Method Instructor

342.01 4
  • Final Exam
Neil S. Siegel

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

Pre/Co-requisites
None

Spring 2022

2022
Course Number Course Credits Evaluation Method Instructor

342.01 4
  • Final Exam
Neil S. Siegel

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

Pre/Co-requisites
None

Spring 2021

2021
Course Number Course Credits Evaluation Method Instructor

342.01 4
  • Final Exam
Curtis A. Bradley

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

The current plan is for this class to be taught in a hybrid format during the Spring semester, with some in-person sessions for those able to attend them.

Pre/Co-requisites
None

Spring 2020

2020
Course Number Course Credits Evaluation Method Instructor

342.01 4
  • Final Exam
Curtis A. Bradley

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

Pre/Co-requisites
None

Fall 2019

2019
Course Number Course Credits Evaluation Method Instructor

342.02 3
  • Final Exam
Neil S. Siegel

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

Pre/Co-requisites
None

Spring 2019

2019
Course Number Course Credits Evaluation Method Instructor

342.01 4
  • Final Exam
Curtis A. Bradley

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

Pre/Co-requisites
None

Spring 2018

2018
Course Number Course Credits Evaluation Method Instructor

342.01 4
  • Final Exam
Curtis A. Bradley

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

Pre/Co-requisites
None

Spring 2017

2017
Course Number Course Credits Evaluation Method Instructor

342.01 4
  • Scheduled in-class examination
Curtis A. Bradley

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

Pre/Co-requisites
None

Spring 2016

2016
Course Number Course Credits Evaluation Method Instructor

342.01 4 Curtis A. Bradley

The course considers the structure and powers of the federal courts and their relationship to the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.

Pre/Co-requisites
None

*Please note that this information is for planning purposes only, and should not be relied upon for the schedule for a given semester. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.