LAWS7792 · Law

Federal Courts

Boston College Law School

The Constitution assures that the separate powers conferred upon each of the branches of the federal government serve as a check and balance to prevent abuse of power by any single branch, and that the aggregate of federal power, while supreme, is limited in scope, thereby serving to bind the union and simultaneously respect state sovereignty. This course will explore these two themes as they relate to the role of federal courts. Among the topics to be covered: separation of powers, federalism, congressional power to curtail federal jurisdiction, the case and controversy requirements as it relates to doctrines of standing, ripeness, and mootness, sovereign immunity, Congressional power to abrogate Eleventh Amendment immunity, Ex Parte Young doctrine, section 1983 litigation, absolute and qualified immunity in suits against state and federal officers, abstention doctrines, inter-system preclusion, and Rooker-Feldman doctrine. Evaluation will be by an in-class exam.