Federal Courts

This course examines the twin themes of federalism and separation of powers and focuses on the federal courts' role in elaborating those themes. This is not a course in advanced civil procedure; it is much more a constitutional law course. Each unit in the course examines one or more of three great power conflicts present throughout American history: (1) state power versus federal power (federalism), (2) interbranch power distribution within the federal government (separation of powers), and (3) the power of the government versus the individual (both). The following subjects receive in-depth treatment as a means of studying those themes: federal question jurisdiction, federal common law, civil actions under the Civil Rights Act of 1871 (section 1983), the Eleventh Amendment, abstention doctrines, and Supreme Court review of state court decisions. Prerequisite: Constitutional Law.