Tuesday, April 8, 2025

For Tuesday Double Session

Abstention Papers due at 9 a.m. Tuesday. No class Monday. Regular class Tuesday plus a 12:30-1:40 make-up. We are about a day ahead of where we usually are, which gives us a bit more time than in past years on Remedies.

Between the two classes, I expect to get through Damages (Part 9.A), Equitable Relief (Part 9.B), and start Attorney's Fees (Part 9.C). So you may as well read all of Chapter 9 for Tuesday.

Note two substitute/additional readings:

    Fikre v. FBI, a challenge to being placed on the FBI's No-Fly List. Read this with the discussion of voluntary cessation on p.326. This one is short (13 pages).

    Lackey v. Stinnie held (in February) that a party does not "prevail" for attorney's fees by obtaining a preliminary injunction and no other relief, where the case becomes moot. This resolves the circuit split discussed on p.344. We used this case for oral arguments 3 times in the past 5 years. This one is a bit longer (36 pages, because Justice Jackson writes a sharp dissent).