Tuesday, January 9, 2024

For Tuesday, January 16 (updated)

Tuesday audio. Please let me know if you have an exam on Friday, May 10. It appears we will have 11 in the class, meaning an odd number of positions for arguments. Please let me know if you are willing to judge a second argument.

We continue with Under Color; review the remaining puzzles from § 2.02, then complete the rest of Chapter 2. I expect to spend another 2-3 days on this subject.

 Please note something that came up after class: We focused on one element of a § 1983 claim or § 242 charge--did the defendant act under color of law; it was deliberately narrow. Our discussion today said nothing about whether the defendants violated the Constitution, whether they knew they violated the Constitution, and whether they have defenses. That all comes later, as additional elements for the plaintiff/government to establish or as defenses to be raised and litigated.

No class Monday for Martin Luther King, Jr. Day.