We will finish Chapter 2 and the Hate Speech Act Puzzle. Under Color reaction papers will then be due next Tuesday, January 29. What are the postures in which the property owner could assert his First Amendment argument that the act is constitutionally invalid?
We then move to Chapter 3 and Panel II. Read § 3.01 and Part B of Chapter 3; take the time to prep the statutory provisions assigned.
What is the difference between a right, a right of action, and a jurisdictional grant? What express rights of action has Congress provided for civil rights statutes? Absent an express right of action, where can parties and courts look for a right of action? How does the Spending Clause operate? How does the analyses for implied right, Ex parte Young, and § 1983 overlap and how do they diverge? Absent private civil litigation (which requires a right of action), how do civil rights statutes get enforced?
