FEDERAL COURTS COURSE INFORMATION Fall, 2012 Professor Beyler

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1 FEDERAL COURTS COURSE INFORMATION Fall, 2012 Professor Beyler 1. Required: Wright, Oakley & Bassett, Federal Courts (13th ed. & 2012 Supp. On TWEN) Student Packet 2. Exam: True-false/multiple choice (closed book) and essay questions (open book and open note). 3. Exercise: Draft the jurisdiction and venue parts of a federal court Complaint and a notice of removal. This exercise is worth 20 points (about 10% of your course grade). 4. Discussion: The absence limit is six. In reading the assigned material, pay attention to the note material found in the authors' footnotes because this material is important and will be covered on the exam. I call on students in alphabetical order, four students per class. If you are going to be absent on a day when you are scheduled for discussion, you must trade assigned days with someone who will be present on your assigned day. We will take a 5-minute break in the middle of each class, which means the class will finish at 11: Consultation: Feel free to ask for help in your outside work during your law school years and after you graduate. 6. Taping: All classes will be videotaped and available for viewing in the Computer Lab. You can earn back an absence by viewing the tape and notifying my secretary if: (i) you missed a make-up class; or (ii) I excuse your absence for serious illness, a job interview, or other strong reason why you cannot attend. 7. TWEN: The TWEN page for this course will have the student packet, syllabus, writing assignments, announcements and PowerPoint slides. 8. Emergencies: Southern Illinois University Carbondale is committed to providing a safe and healthy environment for study and work. Because some health and safety circumstances are beyond our control, we ask that you become familiar with the SIUC Emergency Response Plan and Building Emergency Response Team (BERT) program. Emergency response information is available on posters in buildings on campus, available on BERT s website at Department of Safety s website (disaster drop down) and in Emergency Response Guideline pamphlet. Know how to respond to each type of emergency. Instructors will provide guidance and direction to students in the classroom in the event of an emergency affecting your location. It is important that you follow these instructions and stay with your instructor during an evacuation or sheltering emergency. The Building Emergency Response Team will provide assistance to your instructor in evacuating the building or sheltering within the facility. 1

2 Class Topic & Assignment 1 (8/21) Three Basic Rules & the Political Question Doctrine Hodgson, 8 Sheldon, 8-11 Knee, Baker, Zivotofsky, 2012 Supp 2 (8/23) Standing Lujan, SP 1-6 Friends of Earth, SP 6-14 Village of Arlington Heights, Summers, (8/28) Standing (Part II) Craig, Thomas, SP Valley Forge, (8/30) Advisory Opinions, Ripeness, Mootness & Non-Article III Courts Aetna Life Ins., National Park Hospitality, p. 33 n.15 Golden, Palmore, Schor, SP (9/4) Non-Article III Courts (Part II) Boumediene, (9/6) Federal Question Jurisdiction Osborn, Verlinden B.V., Statute, Louisville & Nashville R.R., Thurston Motor Lines, American Well Works, Bell, (9/11) Federal Question Jurisdiction (Part II) Grable & Sons Metal Products, Note, 2012 Supp Empire Health Care Assurance, International Armor, SP

3 8 (9/13) Federal Question Jurisdiction (Part III) E. Edelmann & Co., Skelly Oil, Northeastern Ill. Reg. Commuter R.R., SP (9/18) Diversity Jurisdiction Statute, Strawbridge, 178 Morris, Mas, Tylka, SP Alvarez, SP Buchel-Ruegsegger, SP Diversity of Citizenship Problems, SP Hertz, (9/20) Diversity Jurisdiction (Part II) Carden, Gruppo Dataflux, Hart, SP Tank, USF&G Co., American Motorists Ins. Co., SP Fidelity & Deposit Co. of Maryland, SP (9/25) Jurisdictional Amount Vance, Burns, McCarty, SP Hoffman, Barnes, Elgin, Aetna Casualty, Keck, SP Pinel, Brainin, (9/27) Supplemental Jurisdiction Statute, Background Cases (skim), Text, Exxon Mobil, Text, Smith, Wasserman, Jinks,

4 13 (10/12) Removal Jurisdiction Text & Statutes, Beneficial Nat. Bank, Syngenta Crop Protection, Inc., Lincoln Property, Borough of West Miflin, Section 1441(c) Problems, SP (10/4) Removal Jurisdiction (Part II) Breuer, Dole Food Co., Dodd, Gentle, Statutes, Murphy Bros., Borroughs, Pettitt, SP Carlsbad Technology, (10/9) Seventh Circuit Removal Decisions Benson, SP Wilson, SP Hurley, SP Boyd, SP N.D. Ill. Rule 3, SP Meridian Security Insurance, SP Note on Wirtz Corp., SP 60 Schur, SP (10/11) Venue Text & Statutes, Venue Problems, SP Gregory, Gulf Insurance, Ferens, (10/16) Jurisdiction To Determine Jurisdiction UMWA, Baldwin, Chicot Co. Drainage, Ruhrgas, Kalb,

5 18 (10/18) The Reverse Erie Problem & The Anti-Injunction Act Howlett, Statute & Text, Vendo Co., Donovan, (10/23) The Eleventh Amendment Ex Parte Young, Seminole Tribe of Florida, Text, (10/25) The Eleventh Amendment (Part II) Federal Maritime, Lane, Copyright Problem, SP (10/30) Statutory Limits On Suits To Restrain State Officers & Abstension Statutes, Pullman, Reetz, Burford, Wilton, Lehman Bros., Clark, SP AXA, SP (11/1) Younger Abstension Younger, Samuels, Steffel, Huffman, Wooley, Pennzoil, (11/6) Rooker-Feldman Doctrine & Habeas Corpus Exxon Mobil Corp., Hale, SP Text & Statutes, Wainwright, (11/8) Habeas Corpus (Part II) & Effect of A State Court Judgment Lee, Brown, Martinez, 2012 Supp Text, Allen, Matsushita Electric Industrial Co.,

6 25 (11/13) Review of the Erie Doctrine Review Civ. Pro. I notes on Erie, York, Byrd & Hanna Walker, Burlington Northern, Shady Grove Orthopedic Assoc., Semtek, (11/15) Federal Common Law Clearfield Trust, De Sylva, Carlson, Correctional Services, Sosa, (11/27) Supreme Court Review Ex Parte McCardle, Statutes & Text, Cox Broadcasting, Johnson, Howell, Walker, (11/29) Exam Review 6