Tuesday audio. Happy MLK Day and Inauguration Day. FWIW, this is the second time that an Inauguration has aligned with MLK Day (since it became a national holiday in 1986). The first was Bill Clinton's Second Inauguration in 1997. It will not happen again until 2081.
We will finish Chapter 2 with VDARE and the Hate Speech Act Puzzle in § 2.05[3]; what postures can the property owner assert his First Amendment arguments? That will finish Under Color. Reaction Papers will be due on Tuesday, January 28.
We move 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 to enforce a statute? 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?
