Monday audio (may not be great, considering where we were). Under Color Papers due at the beginning of class. We will be back outside, but in the far corner of the courtyard (so more protection from the sun).
We continue--and hopefully finish--RPI. Prep the three puzzles; note where the events take place and how that might affect the available arguments. In thinking about Watts, refer back to Bantam Books in Chapter 2 and the VDARE puzzle. Why, under the Barnstable analysis, can plaintiffs pursue § 1983 constitutional claims in situations covered by Title IX and Title VII? Why describe RFRA and RLUIPA as "substitute" statutes?
I hope to then turn to Claims Against Federal Officials. As you read this, think about about Bivens in three time frames--its origins and through the 1970s; retraction from 1980 through 2017; and then the past seven years of Ziglar, Mesa, and Egbert.
