342.01 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.
Special Notes:
4 credits; Fall onlyEnrollment Pre-/Co- Requisite Information
Law 120 Constitutional Law is a pre-requisite.
International LLMs must get permission from International Studies to Enroll
Fall 2025
Course Number | Course Credits | Evaluation Method | Instructor |
---|---|---|---|
342.01 |
4
|
Final Exam
|
Ernest A. Young |
Course | |
Degree Requirements |
JD elective
JD Standard 303(c)
IntlLLM NY Bar
IntlLLM-SJD-EXC elective
Course Requirements - Public Interest
PIPS elective
|
Course Areas of Practice |
Civil Litigation: Practice and Procedure
Constitutional Law and Civil Rights
Law, Democracy, and Society
|