Thursday, March 30, 2017

For Monday

Correction: We will have class on Monday, April 10, so no make-up necessary.

If you wrote a Commentary on Immunity or Municipal Liability, please bring it to class on Monday--I forgot to record the scores.

Remember: We will assign positions for oral arguments at the beginning of class.

We will continue with and complete Civil Rights Procedure, looking at statutes of limitations, accrual, and how it all comes together (along with Heck) in Wallace. How is accrual and how does the court determine the date? What were the competing views of accrual dates in Wallace and how did Heck influence that? Commentaries will be due on Monday, April 10 (when we will, indeed, have class).

We then turn to Abstention, with Panel III. Read Overview of Abstention and Equity and Pullman. What is the basic idea underlying abstention generally? What is the difference between abstention as abdication and abstention as postponement? Which is Pullman? How does Pullman abstention operate and why?