Advanced Topics in Federal Courts
Past Offerings
Advanced Topics in Federal Courts (7127): 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.
Sections
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2025-2026 AutumnSchedule No Longer Available
Advanced Topics in Federal Courts (7127): 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?); (4) Eleventh Amendment (What should we do when constitutional text and history seem to point in different directions?); and (5) Qualified immunity (Where did it come from, what are the relevant policy justifications and critiques, and can current doctrine be squared with 42 U.S.C. 1983's plain language?). 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 two-week class period). Students are encouraged--but by no means required--to consider turning their thought pieces into more substantial written works for publication. Class meets Monday, September 30 (6:30 p.m. - 9:30 p.m.), Tuesday, October 1 (6:30 p.m. - 8:30 p.m.), Wednesday, October 2 [NO CLASS], Thursday, October 3 (6:30 p.m. - 8:30 p.m.), Monday, October 7 (6:30 p.m. - 8:30 p.m.), Tuesday, October 8 (6:30 p.m. - 9:30 p.m.), Wednesday, October 9 (6:30 p.m. - 9:30 p.m.), and Thursday, October 10 (6:30 p.m. - 9:30 p.m.).
Sections
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2024-2025 AutumnSchedule No Longer Available
Advanced Topics in Federal Courts (7127): 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?); (4) Eleventh Amendment (What should we do when constitutional text and history seem to point in different directions?); and (5) Qualified immunity (Where did it come from, what are the relevant policy justifications and critiques, and can current doctrine be squared with 42 U.S.C. 1983's plain language?). 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 two-week class period). Students are encouraged--but by no means required--to consider turning their thought pieces into more substantial written works for publication. Class will meet Tuesday, September 26 (6:30 p.m. - 9:30 p.m.), Wednesday, September 27 (6:30 p.m. - 9:30 p.m.), Thursday, September 28 6:30 p.m. - 9:30 p.m.), Monday, October 2 (6:30 p.m. - 8:30 p.m.), Tuesday, October 3 (6:30 p.m. - 8:30 p.m.), Wednesday, October 4 (6:30 p.m. - 9:30 p.m.), and Thursday, October 5 (6:30 p.m. - 8:30 p.m.).
Sections
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2023-2024 AutumnSchedule No Longer Available