Wednesday, March 8, 2017

For Monday after break

Wednesday audio. Municipal Liability Commentaries due at beginning of class.

Please meet before the end of the month with you co-Justice to decide who will be Chief and with your opposing counsel to decide who will argue for Petitioner and who for Respondent.

We continue with State Sovereign Immunity I and II. Consider: How does the congruence and proportionality analysis apply to § 1983? Can states be sued under § 1983? If not, how are constitutional rights enforced against states? In light of Ex Parte Young, what does it mean to say "The King Can Do No Wrong"? What are the contours and limits of Ex Parte Young? How did Congress react to Young and why do those reactions make sense?