Moot Court semis at 4 p.m. tomorrow in RDB 1000. Judicial Lecture with Justice Couriel at 12:30 p.m. next Thursday, November 16 in RDB 1000. Moot Court finals at 6 p.m. next Thursday, November 16 in RDB 1000. Please note we want to have a small group of students have lunch with Justice Couriel following the lecture; if you are interested, please let me know.
Statutory Abstention/Pullman papers due next Monday.
We will continue with Younger/Colorado/Burford/Comity; those papers (which can cover any doctrines discussed while you were on panel) likely will be due on the final day of class. What are the factors to balance for international comity abstention.
What should happen in the following case:
A, a US citizen, sues X, a Japanese citizen, in federal court on an antitrust claim; the court enters judgment for A and awards $ 10 million dollars.
X sues A in a Japanese court under Japan's "clawback" statute, which allows a Japanese citizen to recover under Japanese law the amount owed on a federal antitrust judgment.
A asks the federal court to enjoin X from proceeding with the Japanese action. Can it issue the injunction and why? What different approaches might the court take?
Move Congressional Control: When Does Congress Decide a Case. In addition, look at § 324 of the 2023 debt ceiling bill (p.39 of document) and Title II of the Constitution Restoration Act. What proposition(s) does Klein stand for? Consider whether there are Klein problems in Bank Markazi, Patchak, the Protection of Lawful Arms in Commerce Act, and the two provisions above? What if Title II of the Constitution Restoration Act applied to statutory claims? Was there a Klein problem in Plaut? What is the distinct constitutional principle the Court adopted there? What makes a law retroactive and what limits are there on retroactivity?
