Monday, February 3, 2025

For Tuesday

Monday audio. RPI Papers due tomorrow. Back inside, because it will be too warm this week (sad . . .). I will begin recording attendance tomorrow; you can miss 15 % of class hours before you are referred to the administration.

We will finish Bivens, so be ready to work through the three Puzzles.

    • What would congressional action look like?

    • What is the argument that Bivens is dead rhetorically if not legally? And what is the argument for killing it altogether (Amir's question, off the Gorsuch dissent in Egbert)?

We will begin Immunity with § 5.01. We will begin with Legislative Immunity next Monday.

    • What are the purposes and policies behind all immunity?

    • What are the purposes of § 1983/Bivens litigation, especially for damages?

    • What makes immunity "absolute," as opposed to qualified?

    • What are the three aspects defining any immunity?