Wednesday, August 27, 2014

For Wednesday

Wednesday audio. Remember, no class on Monday for Labor Day; our next meeting is Wednesday, September 2. For those of you wanting to write on Supreme Court Jurisdiction, your comments are due at the beginning of class.

We will get into both sections of Federal Courts of Appeals; think about what is going on under Collateral Order Doctrine, how it has been limited, and whether the limitations make sense. Does the distinction between "right not to be liable" and "right not to stand trial" make sense? How does Mohawk normalize the doctrine? Ali, Ryan, and Ashley are on panel for this.

We may get into the very preliminary part of Federal District Courts. Read the statutes for Overview and Removal (note those provisions are on the blog). This will start us with a general discussion of how cases get into Federal District Court; we then will pick up after that with what those cases entail. Joe, J.C., Franco, and Ryan are on panel for this.

Monday, August 25, 2014

For Wednesday

Monday audio.

We will finish on Independent-and-Adequate, considering what the counter-arguments are to Long and to think about what sorts of state rules will be deemed independent-and-adequate and which will not. We then will turn to Finality, the last prong of § 1257, and the flexible approach as interpreted in Cohn. We then will discuss § 1254 and Review of Federal Courts of Appeals.

We then will turn to Jurisdiction of Federal Courts of Appeals; for Wednesday, just do Finality and the Collateral Order Doctrine. Try to understand (again) what finality means and when C/O/D should apply.

Thursday, August 21, 2014

Panel Assignments

SCOTUS Jurisdiction:
Joseph Jarone
J.C. Palacio
Jonathan Hoffman

Courts of Appeals:
Ali Boren
Ryan Dessler
Ashley Hersutamto

District Courts:
Joseph Jarone
J.C. Palacio
Ryan Dessler
Franco Bacigulapo

Non-Art. III Courts:
Ashley Hersutamto
Mark Erdman

Eleventh Amendment:
Joseph Jarone
Franco Bacigulapo
Jonathan Hoffman

Joseph Jarone
Ryan Dessler
Ashley Hersutamto
Mark Erdman

Ali Boren
Alex Leiva
Franco Bacigulapo

Abstention: General/Pullman:
Ashley Hersutamto
Mark Erdman

Abstention: Younger/§ 2283:
Ali Boren
Mark Erdman
Alex Leiva

Abstention: Colorado River/Etc.:
Ryan Dessler
J.C. Palacio

Congress Decides a Case:
Ali Boren
Alex Leiva
J.C. Palacio

Limiting Jurisdiction:
Alex Leiva

Wednesday, August 20, 2014

For Monday

Wednesday audio. Again, my apologies for mistiming the class--that's what happens when I try to minimize the amount of reading.

For next week, read all of Supreme Court Review of State Court Decisions (which is in three parts). Note that ASARCO is on p. 688-90. Consider:
   • Why should SCOTUS be able to review decisions from state courts?
   • What can SCOTUS review from that decision?
   • How did the Court's approach to its certiorari power evolve?
   • How does Michigan v. Long change what the Court had been doing? What are the advantages and disadvantages to the Long approach?

Monday, August 18, 2014

For Wednesday

Monday audio. That was a good start to the semester.

We will spend a couple minutes at the start talking about the syllabus and assignments for the semester. We then will spend a few last minutes discussing Introduction and out themes, including the distinction among judicial review, judicial exclusivity, and judicial supremacy, and the concept of judicial activism (read the Roberts and Sherry excerpts).

We then turn to Jurisdiction of SCOTUS, starting with Original Jurisdiction, which will take us into the details of Marbury and the Judiciary Act of 1789 and the current original jurisdiction statutes. In addition to the statutes listed, look at 28 U.S.C. § 1331 (the other district court jurisdictional grant). I do not think we will get further than that, so do not worry about Review of State Court Decisions: Power of Review; we will get to that next week. Joe, Jonathan, and J.C. are on panel.

Note that I will be looking to the panelists first and they are expected to be uniquely prepared. But everyone is expected to be involved in the discussions.

Monday, August 4, 2014

Federal Courts and the Federal Courts Blog

Welcome to Federal Courts and the FIU Federal Courts Blog. There are three posts that you must read and follow prior to our first class meeting on Monday, August 18.

To read the blog, go to; posts can be read going down from most recent to least recent. To post to the blog, go to; you can log-in with a username and password. For complete information on the purposes and uses of the blog, see the Syllabus.

To be able to post, you must register as an author and a reader. To register as an author, please send an e-mail to me ( In the subject line, type “Fed Courts Blog Registration;” in the body of the e-mail, please type your name and your e-mail address. You then will receive an e-mail “Invitation” inviting you to join as an author on the blog. You must follow the steps outlined in the invitation e-mail to register (under your full name, no handles or usernames) as an author. Please register under your full (first and last) name. Please do this at the beginning of the semester, as soon as you receive the invitation.

Once you have registered, take a few minutes to explore how to write a post. Note that you can put up photographs and video. You also can put web links in the text by highlighting the text you want to use for the hyperlink and clicking the "Link" button.

Panel Sign-Up

As discussed in the Syllabus, we will work with panels of 2-4 students who are "on call" for each subject. Listed below are the subjects and the number of panel slots for each. Please identify four (4) subjects for which you would like to be on call and email ( your preferences to me prior to the first class; I will try to match preferences of the early birds. I will distribute a sign-up sheet during the first class to fill-in any remaining spots.

Jurisdiction of the Supreme Court of the United States (4)
Jurisdiction of Federal Courts of Appeals (3)
Jurisdiction of Federal District Courts (4)
Non-Article III Jurisdiction (2)
Eleventh Amendment (3)
Standing (4)
Ripeness/Mootness (3)
Abstention: Principles/Pullman (4)
Abstention: Younger/§ 2283 (4)
Abstention: Colorado/Comity/Burford/Rooker (3)
When Does Congress Decide a Case (3)
Limiting Jurisdiction/Structure (3)

Materials and Course Information

Our first class meeting is Monday, August 18 at 10:45 a.m. Prior to the first class, please  download and read:
   1) Syllabus (and at right): Contains information about course organization and structure, assignments, and grading methods.
   2) Course Evaluation Information (and at right): Details on the three main projects on which grades will be based.

Required Course Materials:

1) Peter W. Low, John C. Jefferies, Jr., &Curtis A. Bradley, Federal Courts and the Law of Federal-State Relations (8th ed. 2014) (“LJB”)
   Appendix A: The Constitution
   Appendix B: Selected Statutes
2) Erwin Chemerinsky, Federal Jurisdiction (6th ed. 2012) (“Chemerinsky”)

For the first class, please read:

Introduction: Federal Courts and Constitutional Structure

   U.S. Const. art. III
   U.S. Const. art. I, §§ 8, 9
   U.S. Const. art. VI, cl.2-3
   U.S. Const. amends. X, XI, XIII, XIV, XV

Theme: History and Constitutional Foundations
   Chemerinsky, 1-12, 18-33
   Marbury v. Madison (LJB 241-54)
   The Federalist No. 78 (Blog)
   The Federalist No. 79 (Blog)
   Congressional Accountability for Judicial Activism Act of 2005, H.R. 3073 (Blog)
   Constitution Restoration Act of 2005, S.520 (Blog)

Theme: Separation of Powers, Parity, Comity, Federalism
   Chemerinsky, 31-38

Theme: Competing Views of Federal Jurisdiction
   Chemerinsky, 33-38

Theme: Judicial Activism
   Roberts, In Search of Judicial Activism (Blog)
   Sheryy, Why We Need More Judicial Activism (Blog)

Final Note Use of laptops, tablets, book readers, smart phones, and similar devices during class is prohibited.