LAW376

The law of federal judicial power revolves around two constitutional principles: separation of powers and judicial federalism. Separation of powers refers to the allocation of decision-making authority among the coordinate branches of the federal government. Judicial federalism refers to the allocation of power between federal courts and state courts. Thus, this is a course about the role of federal courts in the American political system. At the same time, it is a practical course, essential for any lawyer who plans to litigate in federal court. Many judges require or prefer clerks to have taken the course. The course is extremely valuable for those who wish to be public-interest litigators. The subjects covered are also tested on the bar exam. The course covers the so-called "justiciability" doctrines - standing, mootness, ripeness, and political questions - which aim to keep litigants out of federal court when they lack a concrete personal stake in the controversy, or when the subject matter is inappropriate for judicial resolution. The course also looks at judicial and congressional control of federal-court jurisdiction. A major focus of the course is Section 1983, which authorizes suits against state officials and common impediments to such actions, such as the Eleventh Amendment.