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 Grading for complete details about grading and graded assignments for the course. I will answer questions about this prior to the second class, on Tuesday, August 18.
Here are Discussion Questions that we will use to guide class conversations for each topic. 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 to help prepare for each class.
And remember:
First Amendment cases often get serious attention, and rightly so. But civil procedure, though perhaps less glamorous, defines the rules of the road.
Required Course Materials:
1) Erwin Chemerinsky, Federal Jurisdiction (9th ed. 2025) (“Chemerinsky”)
2) James E. Pfander, Principles of Federal Jurisdiction (4th ed. 2022) (“Pfander”)
3) Federal Courts Blog. All materials can be found on the Blog at Supplemental Materials, as indicated in syllabus; you should bookmark this page, because you will come back to it a lot.
Assignments for First Day+ of Class: After the jump
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)
Vladeck, Impeaching Federal Judges (Blog) (chart)
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)
Consider the assigned Discussion Questions.
