Monday, January 9, 2017

For Wednesday

Monday audio. That was a good start to the semester; I like how engaged everyone was.

We resume our discussion of State Action/Under Color, with Panel I (Brenda, Cori, Christian, and Alexis). We turn to the broader conception of under color reflected in Screws, Classic, and Monroe. What is the argument against these defendants acting under color? What standard did the Court come up with and why adopt that broad an understanding of under color? How does it relate to the purposes of the KKK Act and how does this standard better serve those purposes? What facts should courts look for in establishing under color? Prepare the Puzzles in § 2.03[4]--be ready to argue for and against the defendants being under color, considering also what additional facts you might need.

Next consider, the difference between state action and a person acting under color of law in Polk County and West. What is the difference? How can we reconcile West and Polk County?