Federal Courts, Co-Sponsored by Conflict of Laws

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Session Type: Section Programs

Session Capacity: N/A

Hotel: N/A

Room: Marina Ballroom Salon E

Floor: Third Floor, South Tower

This panel traces the development of the federal courts “canon.” It does so critically, with an eye toward what has been left out. For example, federal law related to Indian tribes has never been treated as canon. It also explores how the federal courts—beyond the Supreme Court—really operate. Magistrate judges and bankruptcy judges play key roles; district courts focus on MDLs; appellate courts rely on non-binding precedent. Meanwhile, the Supreme Court has undermined animating assumptions of the field—including by reshaping enforcement mechanisms for constitutional rights. This panel considers the state of the field and the class, today