Study

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.

Federal Courts is sometimes thought of 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.

Federal Courts 2 is the second of a two course sequence designed to provide exhaustive coverage of the material at a very civilized pace. Both parts one and two are three-credit courses ordinarily taken in the Fall and Spring of the same year. They have separate exams that are graded independently. There is no requirement that one take both installments, but it is strongly recommended.

Federal Courts 2 (Public Law Litigation) focuses on litigation meant to vindicate federal statutory and constitutional rights. We begin with the ins and outs of the Federal Question jurisdictional statute, then move on to suits against the government. We address both federal and state sovereign immunity in depth, and we explore civil rights litigation against state and federal officers under 42 U.S.C. 1983 and the Bivens doctrine. We also canvass various statutory and judge-made rules limiting parallel litigation in state and federal courts. The course concludes with an in-depth treatment of federal habeas corpus as a vehicle for judicial review of executive detention and for collateral attack on state criminal convictions.