Monday audio. FIU will host a panel on judicial clerkships at lunchtime tomorrow (Tuesday), featuring Judges Jordan and Rosenbaum of the 11th Circuit; please plan to attend if you have any remote interest in clerking.
Prep the remainder of Chapter 6. We will get through much of it tomorrow, with some left for next Monday.
• What is the connection between congruence and proportionality and sovereign immunity?
• What does C&P allow Congress to do under § 5? Given the laws that have been valid and not valid under § 5, what explains C&P?
• Consider whether the following claims can proceed under the Americans With Disabilities Act:
• Attorney working at Greenberg Traurig
• Attorney working for the Miami-Dade County Attorney
• Attorney working for the Office of the Florida Attorney General
• Can states be sued under § 1983?
• What is the cause of action in Ex parte Young and how does it affect sovereign immunity? Why is EpY a "fiction" and why is it not a fiction? How does EpY connect with § 1983?
Finally, circling back to the Midwest Bank Puzzle and what you should be looking for: Have we discussed any doctrine under which a plaintiff can hold government liable for harm caused by a private person (note: the state-action cases are about holding the purportedly private actor liable)? How might that apply to the facts of Midwest?
