Needless to say, having less than half the class show up is not ok (two people had notified me of missing). I expect to see 13 people in the seats on-time on Wednesday and next Monday or I expect to hear from you in advance.
Abstention Commentaries are due on Wednesday.
We continue with Equitable Relief. Review§ 2284(b) for the process of three-judge courts. What is the purpose of structural-reform litigation? What is the appropriate scope (as to plaintiff and defendant of an injunction under FRCP 65 and how does that jibe with the recent move of courts to issue "nationwide injunctions"? What is the purpose of FRCP 60 and how does it work with long-term structural-reform injunctions and consent decrees? Be ready to discuss § 14141.
Then move to Attorneys' Fees. How do fees support the private attorney general? How do fees provide the compensation and deterrence arguably missing, given the limits on compensatory damages? This will take us through the final class next Monday.