Tuesday audio. No class Monday. District Court Reax Papers due at the beginning of class on Tuesday.
We begin with Ex parte Young, as discussed in Pfander. What happened in the case and how did it create a new way for constitutional rights to be litigated? What is the "rule" of EpY and what sorts of lawsuits does it allow. What are the criticisms of this way of adjudicating rights? What are the benefits to the federal rights-holder?
We then turn to Three-Judge Courts and Declaratory Judgments. Both reflect ways to address objections to and criticisms of EpY--how does each do that?
What is the complete process for 3-judge courts in § 2284(b), Shapiro, and § 1253? Why allow those 3 classes of cases to still be heard by 3-judge courts? What does "when otherwise required by Act of Congress" mean in § 2284(a)? When might Congress require a 3-judge court, how, and why?Then move to Declaratory Judgments. What is a declaratory judgment and how does it differ from an injunction? Consider the enforcement and anticipatory/pre-enforcement actions for DJ that could arise from the following circumstances:
• 2017 MGM mass shooting: Victims have tort claims against MGM; MGM believes it is protected by a federal statute immunizing property owners from claims arising from terrorist activities. The statute provides a federal right of action against the third-party hired by the property owner to provide security services; no claim lies against the property owner.
• I insures Dr. X against malpractice; Dr. X injures A, one of his patients.
• Mottley
• Medimmune v. Genentech (facts discussed in Pfander pp. 80-81)
• Skelly Oil (discussed in Chemerinsky)
How is federal-question jurisdiction determined in these anticipatory actions and is there jurisdiction in the above cases?
Why would Medimmune seek a DJ rather than waiting for the lawsuit and defending--what benefits does it get? Why would Genentech seek a DJ of validity rather than suing for infringement? Why is a DJ (without an injunction) sufficient in the Genentech/Medimmune dispute? What happens if a DJ issues or not in each case? What are the possible actions arising from the Skelly Oil facts? How is federal-question jurisdiction determined in these anticipatory actions and is there jurisdiction in the above cases?
Do not move on to Non-Article III Courts. We will get there the following week.
