Welcome to Federal Courts.
This blog is the primary means for out-of-class and between-class communication.
Please download and read the Syllabus for complete details about the course, assignments, pedagogical approach, grading methods, and course rules. Review it prior to the first class.
You should bring the Syllabus with you to every class. Please download and review Assessments for complete details about grading and graded assignments for the course. I will answer questions about these prior to the second class, on Tuesday, August 19.
Here are Class Discussion Questions that we will use to guide class conversations . You now have most of the questions for the entire semester, although I may provide more in advance of a particular class. You should print this and keep it with the Syllabus.
2) James E. Pfander, Principles of Federal Jurisdiction (4th ed. 2022) (“Pfander”)
Introduction: Federal Courts and Constitutional Structure
Provisions:
U.S. Const. art. III
U.S. Const. art. II § 2 cl.2 (appointment); Art. I § 4; Art. I § 2, cl.5-6 (impeachment)
U.S. Const. art. I, §§ 8, 9
U.S. Const. art. VI, cl.2-3
U.S. Const. amends. X, XI, XIII, XIV, XV
Maps of the Federal Judicial System (Blog)
Theme: History and Constitutional Foundations Chemerinsky 1-16
Pfander 1-22
Cases:
Marbury v. Madison
Commentary:
The Federalist No. 78 (Blog)
The Federalist No. 79 (Blog)
Chervinsky, Chase Impeachment (Blog)
Theme: Separation of Powers, Parity, Comity, Federalism Chemerinsky 26-43, 40-44
Pfander 22-26, 32-36
Theme: Judicial Activism
Theme: The Judicial Role
Cases:
Trump v. CASA (Blog)
Theme: Judicial Supremacy and Judicial Departmentalism Chemerinsky 16-17
Pfander 22-23
Cases:
Trump. CASA (Blog)
Theme: Good Writing and Talking Procedure
Commentary:
Good Writing and Talking Procedure (Blog)
Questions to Consider: Relevant section of Class Discussion Questions.