LeBlanc   Kapral   Justice          Anilao            Oglesby Charter Day Stinnie Dyer City of Detroit Talevski Central   ..read more

FYI: SCOTUS denied cert in Anilao. The cert briefs are fair game in preparing your arguments ..read more

Here (H/T: Carolyn). Alleged violations of the Contracts Clause, Takings Clause, Due Process, and First Amendment ..read more

The court granted cert in a case from the Ninth Circuit (finding state action) and a case from the Sixth Circuit (finding no state action). These will be heard next Term ..read more

Are possible, as in this Fourth Circuit wrongful conviction case. The jury awarded $ 75 million ($ 62 million compensatory, $ 13 million punitive), then the district court added another $ 36 million in prejudgment interest, plus attorney's fees. The court of appeals reduced the judgment by up to $ 11.5 million and reversed on interest. But it remains an outlier in the amount ..read more

Here, here, here, here, here, here, here, and here ..read more

Audio from final class.  Note that SPOTs are now open; please take the few minutes to complete the online form. Also, this is the first time I have not assigned a writing project beyond the reaction papers; I would like feedback on that choice--whether you would prefer an additional writing assignment, whether you believe grades are sufficient based on arguments and reaction papers, and other thoughts on assessments for the class. You can include comments in the SPOTs or can email me separately. Possibly relevant to our discussion of Rooker-Feldman and the attempt to pull back from it. Th ..read more

Here, here, here, here, here, here, here, and here ..read more

Tuesday audio. Abstention papers due tomorrow. Remedies papers due at oral argument on May 12. I will try to get Procedure and Abstention papers back to you by early next week. We continue with Chapter 9. Look at the discussion of justiciability and how it affects prospective/equitable relief and the Miscevage and Yaris puzzles. What are the arguments for and against thinking of attorney's fees as a remedy? Prep the puzzles at the end of the chapter, which we can use as a review of everything. Also, review 28 U.S.C. § 2412(b) as a counterpart to § 1988(b); when does it make fees available and ..read more

As we discussed in class, small local governments present tricky immunity issues because one multi-member body performs executive and legislative functions. The mayor in these systems is not an individual executive but the first-among-equals member of the commission. So you have this Eighth Circuit case in which a County Commission voted to ban a local gadfly from county property, arguably in violation of the First Amendment. The question on the damages action was whether the commission's presiding member is entitled to qualified immunity; no one suggested legislative immunity (neither "legisl ..read more