We continue with Under Color, continuing with Close Nexus and Entwinement. Why did Moose Lodge find close nexus satisfied? If Tarkanian cannot challenge NCAA regs by suing the NCAA as a private actor, what can he do? How is entwinement different than the other tests we look at? Why is Lugar an outlier? Was the Court correct? Prepare the remaining Puzzle on Under Color, considering all possible tests.
We then will move on to Rights, Privileges, and Immunities: Enforcing Federal Statutes, which we will hit towards the end class. For Monday focus mainly on the jurisdictional issues (§§ 1331 and 1343(a)(3), as discussed in §§ 2.11-2.13 of Understanding. Panel II should be ready, sitting in the back row on the side.