Monday, February 13, 2017

For Wednesday

Monday audio. Just so you know, standing is beyond the scope of this class, but is covered extensively in Federal Courts. The classes fit together as a sequence and material had to be divided between them--standing, other than a cursory discussion, is a big focus in Fed Courts.

Bivens Commentaries due at the beginning of class on Wednesday.

We continue with Judicial Process Immunity. What are judicial functions and what are not judicial functions; what factors help identify the line? Be ready to discuss the Puzzle on judicial immunity. Who else, beside a judge, should get judicial (or quasi-judicial) immunity and why? Consider the additional clause at the end of § 1983 (added in 1996) and how it relates to judicial immunity.

How did prosecutorial immunity develop? How does it relate to, and differ from, judicial immunity? What is its Scope, Application, and Degree? What functions are prosecutorial and what are not?

Finally it goes without saying--but I will say it anyway--that 4 out of 13 people should not be missing class on a regular basis. I think it has been two weeks since everyone has been in the room at one time.