The course is a traditional survey of the role of federal courts in our political system. The first half of the course concentrates on the relationship between the Article III courts and the two political branches. We will explore the theoretical and textual roots of judicial review, and survey the justiciability doctrines that flow from Marbury v. Madison. We will also review current efforts by the political branches to limit judicial review by stripping the courts of jurisdiction over certain categories of cases. The second half of the course concentrates on the relationship between state and federal courts. We will review recent 10th and 11th Amendment cases, and survey the doctrines, such as Pullman and Younger abstention, that allocate business between the two court systems. We will use the most recent edition of, and supplement to, Hart & Wechsler's classic casebook, Federal Courts and the Federal System. The class will meet on late Monday afternoon and early Tuesday morning to accommodate my travel schedule. There will be an in-class final examination.
|Monday||3:30 - 5:10 pm||TNH 2.139|
|Tuesday||8:30 - 9:20 am||TNH 2.139|
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