Monday, January 23, 2017

For Wednesday

Monday audio. I need a volunteer to serve as judge on an additional case during arguments.

Commentaries on Under Color due at the beginning of class next Monday.

We continue Rights, Privileges, and Immunities: Enforcing Federal Statutes. What are the possible bases for federal jurisdiction over § 1983 actions? What does "and laws" mean and what is necessary to enforce a statute through § 1983? How does the § 1983 contrast with the implied private right analysis? For Armstrong, read only the Intro, Part I, and Part IV of the majority opinion (we will come back to the rest later in the semester).

We then move to RPI: Enforcing the Fourteenth Amendment. For now, read only Daniels, Davidson, and Hudson, along with the Understanding reading. On Wednesday,  we will hit the basic introduction of what constitutional rights are enforceable and the basic elements; next week, we will get more in-depth on the details of various rights.