Advanced Topics in Federal Courts

Catalog description

We will take a "deep dive" into some of the most interesting and contentious issues in the "federal courts" space. Illustrative topics might include any or all of the following: (1) Jurisdiction-stripping (Can Congress eliminate the Supreme Court's jurisdiction to hear certain types of cases, and if so, under what circumstances?); (2) Standing doctrine (Is the "injury-in-fact" requirement made up, and might there be a better way to think about the case-or-controversy requirement?); (3) Habeas corpus (What role should innocence play?); and Certification (Might federal courts' certification of questions to state supreme courts unlawfully delegate federal judicial power?). Readings will include judicial opinions and journal articles. We will aim to tackle one topic per session. Judge Newsom will introduce the topic and lead the discussion, and he will encourage vigorous classroom discussion. Grading: Students will write a short "thought piece" (NOT a research paper), due by the end of the fall quarter (NOT at the end of the week-long class period). Students are encouraged--but by no means required--to consider turning their thought pieces into more substantial written works for publication.