Federal Courts
Prof. Ray Viada, Spring 2016
Email: rayviada@viadastrayer.com
Phone: 281-419-6338 (Office)
Overview
This is above all a course about Article III judicial power – whether and when a federal court
may decide a question.
The course covers a number of topics concerning federal jurisdiction, federal judicial power, and
the relationship between the federal and state courts. The course material is organized around three
main themes –
(1)
the federal courts’ proper role as one of three branches in the national
government (separation of powers);
(2)
the relationship between the federal courts and state courts (judicial
federalism); and
(3)
methods of enforcing federal rights against government officials.
Specific topics include: advanced aspects of federal question and diversity jurisdiction, including
supplemental jurisdiction and removal; justiciability doctrines such as standing, ripeness, mootness, and
political questions; abstention doctrines; Section 1983 suits; the 11th Amendment and state sovereign
immunity; habeas corpus; and federal appellate jurisdiction.
This course is especially helpful for future litigators as well as those who hope to serve as
judicial clerks in the federal or state courts. It is also valuable for those interested in constitutional law
and the structure of our government.
Beginning in 2015, federal civil procedure will be tested on the Multistate Bar Examination,
which is one component of the Texas Bar Examination.
(See announcement here:
www.ncbex.org/home/multistate-bar-examination-news/). Therefore, this course will help you prepare
for portions of the bar exam.
Casebook & Reading
The required texts for this course are:
Redish, Sherry, and Pfander's Federal Courts, Cases, Comments and Questions (West,
ISBN: 9780314204424) (7th ed.)
Redish, Sherry, and Pfander's Federal Courts, Cases, Comments and Questions (West,
ISBN: 9781634597449) (2015 Supp. to 7th ed.)
Occasionally, there will be additional readings, such as recent court opinions or handouts that
will be distributed by email. We will cover a lot of ground in this class. Note that the reading for this
class will typically be 40-45 pages per class, although sometimes more.
My philosophy is that you will benefit more by being exposed to the full sampling of materials
and issues presented by the text, rather than developing a fuller mastery of some of the issues but at the
expense of going blind on others.
Attendance Policy
You should attend class sessions and arrive on time. If you arrive late, out of respect for the other
students and the class environment, please try to minimize the disturbance.
I will take attendance by distributing a roll sheet at the beginning of each class. Each student
should personally sign his or her name for that class session. It is your responsibility to insure that you
have signed the roll sheet before you leave the classroom each day. Students who do not sign the role
sheet are deemed to have been absent. You may not sign the role sheet if you miss more than 15 minutes
of class.
Please note that you are responsible for managing your absences from class and ensuring that
your total number of absences does not exceed the threshold for the class. An absence is an absence,
regardless of the reason, except for those covered by the University and Law Center religious holiday
policy. Students who exceed six (6) absences will be reported to the Associate Dean and will be
dropped from the class.
If you need to miss a single class, you do NOT need to e-mail me and let me know. I encourage
you to e-mail a friend to check if there was a handout you missed, or a modification in the reading
assignment. Feel free to contact me if more than a week passes without the recorded lecture being
uploaded.
If you need to miss several classes, please inform me.
Participation
Classroom participation will count for 10% of the final grade. I will sometimes call on students,
both to discuss cases and to comment on the issues we are discussing. Students are also welcome to
volunteer to discuss cases, make comments, and ask questions.
Final Exam
The final exam will count for 90% of the final grade. The format will be a mix of multiple
choice (not to exceed 33% of the exam), short answer, and essay.
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Office Hours
Normally, I will be available to talk with students after each class period or at any other mutually
agreeable time, and I am also readily available by email.
Course Topics/Reading Assignments
Class #
Topics & Reading
1. (Jan 19)
Judicial Power
(Text, pp. 1-18, U.S. CONST. art. III).
Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984).
Chambers v. NASCO, Inc., 501 U.S. 32 (1991).
2. (Jan 21)
Standing, General Principles.
(Text, pp. 18-39; Supp., pp. 1-2)
Texas v. United States, 787 F.3d 733 (5th Cir. 2015) (focus on standing);
Fed. R. Civ. P. 8(a)(1), 12(b)(1), 12(h).
3. (Jan 26)
Specific Applications (Taxpayer, Statutory, Third Party).
(Text, pp. 38-66, Supp. 2-7).
4. (Jan 28)
Mootness & Ripeness
(Text, pp. 66-81, Supp. 2-7).
Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., 528 U.S. 167 (U.S.
2000) (focus on voluntary cessation doctrine)
5. (Feb 2)
Political Questions.
(Text, pp. 81-103, Supp. 8-9).
6. (Feb 4)
Congressional Power to Regulate Jurisdiction.
(Text, pp. 104-128)
7. (Feb 9)
Constraints on Legislative Power to Regulate Jurisdiction
(Text, pp. 128-178).
8. (Feb 11)
Congressional Control of Judicial Decisions & Power to Vest Counts With NonArticle III Powers.
(Text, pp. 178-202)
9. (Feb 16)
Legislative Courts
(Text, pp. 203-228)
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10. (Feb 18) Legislative Courts, Cont.
(Text, pp. 228-269)
11. (Feb 23) Judicial Federalism
(Text, pp. 274-314)
12. (Feb 25) 42 U.S.C. § 1983 & Public Official Immunities
42 U.S.C. §§ 1983, 1985, 1986, 1988
(Text, pp. 315-359)
Filiarsky v. Delia, 132 S. Ct. 1657 (U.S. 2012).
13. (Mar 1) State Sovereign Immunity (Foundations & Interpretations)
(Text, pp. 360-403)
14. (Mar 3) State Sovereign Immunity (Abrogation)
(Text, pp. 403-459; Supp. p. 17)
15. (Mar 8) Abstention Doctrines – Pullman, Buford, Colorado River
(Text, pp. 460-496)
16. (Mar 10) Federal Res Judicata
(Text, pp. 497-533)
17. (Mar 22) Anti-Injunction Act & Tax Injunction Act
28 U.S.C. §§ 2283, 1341
(Text, pp. 535-42, 549-55, 559-73)
18. (Mar 24) “Our Federalism”
(Text, pp. 574-628)
19. (Mar 29) Introduction to Federal Habeas Corpus
28 U.S.C. §§ 2241-2266
(Text., pp. 629-635, 639-648, 673-91)
20. (Mar 31) Federal Question Jurisdiction (Constitutional Scope & “Well-Pleaded Complaint”)
U.S. CONST. art. III; 28 U.S.C. §§ 1331-1366
(Text, pp. 728-769)
21. (Apr 5)
Federal Question Jurisdiction (Sufficiency of Federal Question)
(Text, pp. 769-795; Supp. 27-33)
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22. (Apr 7)
Diversity Jurisdiction
U.S. CONST. art. III; 28 U.S.C. § 1332
(Text, pp. 796-850)
23. (Apr 12) Supplemental Jurisdiction & Removal
28 U.S.C. §§ 1367, 28 U.S.C. §§ 1441-1447
(Text, pp. 851-96, Supp. 35)
24. (Apr 14) Federal Common Law
(Text, pp. 897-950)
24. (Apr 19) Federal Common Law, Cont.
(Text, pp. 950-990; Supp p. 37)
25. (Apr 21) Appellate Jurisdiction – Courts of Appeals (Collateral Order Doctrine)
28 U.S.C. § 1291, 1292
Cohen v. Benefit Indus. Loan Corp., 337 U.S. 541 (1949)
Mitchell v. Forsyth, 472 U.S. 511 (1985)
Colston v. Barnhart, 146 F.3d 282 (5th Cir. 1998) (denying reh’g en banc)
26. (Apr 26) Appellate Jurisdiction – Supreme Court
28 U.S.C. § 1251-1257
(Text, pp. 991-1054)
27. (Apr 28) Review
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