344.01 Federal Courts II - Public Law Litigation

This installment addresses a broad variety of public law litigation, including private rights of action to enforce federal statutes and constitutional litigation against federal and state governments and their officials. We will give significant attention to both federal and state sovereign immunity, as well as to doctrines of qualified and absolute immunity that protect individual government officers. The course also discusses the roles of state and federal courts in hearing public law litigation, including principles of judicial federalism limiting federal court interference with state judicial proceedings. We conclude with an extensive unit on federal habeas corpus remedies, including both challenges to federal executive detention (including the War on Terror cases) and collateral attack on state criminal convictions.

Federal Courts I (Fall 2015) is not required.

Students may not enroll in both Civil Rights Litigation (334) and Fed Courts II – Public Law Litigation (344).

Spring 2018

Course Number Course Credits Evaluation Method Instructor
Course Credits
Final Exam
Ernest A. Young
Sakai site: https://sakai.duke.edu/portal/site/LAW.344.01.Sp18
Email list: LAW.344.01.Sp18@sakai.duke.edu
Degree Requirements
Course Requirements - JD
Course Requirements - LLM
Course Requirements - Public Interest
Course Areas of Practice