Curriculum Guide · Courses
Litigation with the Federal Government
J.D. Course 106 (cross-listed) | 3 credit hours
Taught by a Federal judge and former Justice Department litigator, this course surveys key aspects of civil litigation involving suits filed by and against the Federal government. The course begins with a review of the types of Federal courts that handle such cases and the constitutional principles underlying and, in some instances, dictating their organizational structures, with particular emphasis on specialized fora such as the U.S. Court of Federal Claims. The course will next consider the organizational structure, policies and inner workings of the U.S. Department of Justice, the Federal government’s key litigating agency. The focus will then turn to the principal statutes providing jurisdiction for various types of suits involving the Federal government, including contract, tax, and tort suits, with a particular emphasis on the multi-faceted Tucker Act. The course will then trace the general conduct of federal litigation from beginning to end, dedicating sessions to such topics as discovery against the government, settlement negotiations, the characteristics of the government as a moving party and a trial litigant, choice of law questions and the recovery of attorneys' fees.
Prerequisite: Civil Procedure (or Legal Process and Society).