Monday, March 17, 2025

For Tuesday

Unable to load audio at the moment; will do so when the site is working again. I think we can be outside one last time tomorrow.

We will hopefully finish Entity Liability.

    • How does the historic suits against the King's ministers explain EpY? What is an anti-suit injunction and how does it explain EpY?

    • Once you identify a policymaker who engages in wrongdoing, what is the next step in determining whether the entity can be sued and held liable?

    • Prep all the problems within Chapter 6. How does Humphrey affect injunctive relief in Noah C?

We move to Civil Rights Procedure late in the class, covering intro and Part A; many jurisdictional statutes to review, so be ready to discuss and explain the precise language of those provisions and how they operate. Note that the Title VII provisions (42 U.S.C. § 2000e) are in App. C.

    • Why is immunity, especially qualified immunity, immediately reviewable under the collateral order doctrine?

    • How do 3-judge courts and declaratory judgments respond to the concerns over EpY? Why have 3-judge courts for the three current classes of cases in the modern statute?