FEDERAL COURTS SYLLABUS The following shorthand has been used in listing reading assignments:
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I. INTRODUCTION TO FEDERAL COURT JUSTICIABILITY
Assignment 1: | Pushaw, "Article III's Case/Controversy Distinction and the Dual Functions of Federal Courts" |
II. STANDING
Assignment 1: | Taxpayer Standing - 1 | |
Flast v. Cohen | Lexis | |
Assignment 2: | Taxpayer Standing - 2 | |
Valley Forge | Lexis | |
Hein v. Freedom from Religion Foundation, Inc. | Text 49-66 | |
Assignment 3: | Zone of Interest Analysis | |
Data Processing Organization | Lexis | |
Bennett v. Spear | Text 19-31 | |
National Credit Union Administration | Lexis | |
Lexmark v. Static Control Components | PDF File | |
Assignment 4: | Causality & Redressability Analysis | |
Warth v. Seldin | Lexis | |
Allen v. Wright | Lexis | |
Notes & Questions on Causation | Text 41-43 | |
Notes & Questions on Third Party Standing | Text 78-81 | |
Assignment 5: | Standing to Seek Injunctive Relief - 1 | |
City of Los Angeles v. Lyons | Lexis | |
Lujan v. Defenders of Wildlife | Lexis | |
Spokeo, Inc. v. Robins | Text 31-37 | |
Notes & Questions on Injury & Imminence | Text 38-41 | |
Assignment 6: | Standing to Seek Injunctive Relief - 2 | |
FEC v. Akins | Lexis | |
Friends of the Earth v. Laidlaw | Lexis | |
Summers v. Earth Island Institute | Lexis | |
Assignment 7: | Governmental Standing | |
Raines v. Byrd | PDF File | |
Arizona State Legislature v. Redistricting Comm'n | PDF File | |
Hollingsworth v. Perry | PDF File | |
Assignment 8: | The Jurisprudence of Standing | |
Sunstein, "Standing and the Privatization of Public Law" | Lexis | |
Scalia, "The Doctrine of Standing" | PDF File | |
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III. FEDERAL QUESTION JURISDICTION
Assignment 1: | The Constitutional Scope | |
Osborn v. Bank of the United States | Text 815-826 | |
Textile Workers Union of America | Text 827-839 | |
Lightfoot v. Cendant Mortgage Co. | PDF File | |
Assignment 2: | The Well-Pleaded Complaint Rule - 1 | |
Louisville & Nashville Railroad Co. v. Mottley | Text 839-842 | |
Skelley Oil Co. v. Phillips Petroleum Co. | Text 842-847 | |
Assignment 3: | The Well-Pleaded Complaint Rule - 2 | |
Franchise Tax Board | 847-862 | |
Beneficial National Bank v. Anderson | Lexis | |
Assignment 4: | The Sufficiency of the Federal Question - 1 | |
American Well Works Smith v. Kansas City Title & Trust Co. Gully v. First National Bank in Meridian |
Lexis Text 863-867 Text 867-868 |
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Assignment 5: | The Sufficiency of the Federal Question - 2 | |
Merrell Dow Pharmaceuticals |
Text 868-881 Text 881-890 |
IV. THE ELEVENTH AMENDMENT & THE STATE
SOVEREIGN IMMUNITY DOCTRINE
Assignment 1: | Historical Origins of the Doctrine | |
Foundations | Text 417-419 | |
Chisholm v. Georgia | Text 419-428 | |
Hans v. Louisiana | Text 428-439 | |
Assignment 2: | Theoretical Challenges to the Doctrine | |
Amar, "Of Sovereignty and Federalism" | Lexis | |
Assignment 3: | Interpretations - 1 | |
Ex Parte Young |
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Assignment 4: | Interpretations - 2 Idaho v. Coeur d'Alene Tribe of Idaho |
Lexis |
Pennhurst State School & Hospital | Lexis | |
Notes & Questions on "Institutional" Litigation | Text 462-465 | |
Notes & Questions on Pennhurst | Text 468-470 | |
Assignment 5: | Abrogation - 1 | |
Seminole Tribe of Florida v. Florida | Lexis | |
Notes & Questions on Seminole Tribe | Text 495-499 | |
Assignment 6: | Abrogation - 2 | |
State Immunity from Suit
in State Court Alden v. Maine |
Text 504-505 Lexis |
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Notes & Questions on Alden v. Maine | Text 526-527 | |
Assignment 7: | Abrogation - 3 | |
College Savings Bank | Lexis | |
Florida Prepaid Postsecondary Education Expense Board | Lexis | |
Assignment 8: | Abrogation - 4 | |
Nevada Dept. of Human Resources v. Hibbs | Lexis | |
Coleman v. Court of Appeals of Maryland Central Virginia Community College v. Katz |
Lexis Lexis |
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Notes & Questions | Text 499-504 | |
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Assignment 9: | Theoretical Evaluations of the Doctrine | |
Vazquez, "Eleventh Amendment Schizophrenia" | ||
Meltzer, "State Sovereign Immunity: Five Authors in Search of a Theory" |
V. ABSTENTION
Assignment 1: | The Pullman Abstention Doctrine | |
Railroad Commission of Texas v. Pullman Co. | Text 529-536 | |
Hawaii Housing Authority v. Midkiff |
Text 539-543 |
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Assignment 2: | Thibodaux & Burford Abstention Doctrines | |
Louisiana Power & Light v. Thibodaux | Lexis | |
Burford v. Sun Oil | Lexis | |
Quackenbush v. Allstate Insurance | Lexis | |
Notes & Questions | Text 543-548 |
VI. "OUR FEDERALISM"
Assignment 1: | The Younger Doctrine | |
Younger v. Harris | Text 647-664 | |
Assignment 2: | Extensions of the Younger Doctrine - 1 | |
Samuels v. Mackell Steffel v. Thompson Doran v. Salem Inn Wooley v. Maynard |
Text 664-668 Text 668-680 Text 680-681 Text 681-684 |
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Assignment 3: | Extensions of the Younger Doctrine - 2 | |
Hicks v. Miranda Huffman v. Pursue Trainor v. Hernandez Juidice v. Vail |
Text 684-690 Lexis Lexis Lexis |
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Assignment 4: | Extensions of the Younger Doctrine - 3 | |
Rizzo v. Goode | Lexis | |
Ohio Civil Rights Commission | Lexis | |
Pennzoil Co. v. Texaco | Text 695-705 | |
Sprint Communications v. Jacobs | ||
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