Monday audio. No class tomorrow. First make-up at 9:30 a.m. next Tuesday, September 30 in RDB 2007, followed by our regular class.
We will hit a few final words on Courts of Appeals, namely the process for mandamus. How is it consistent with Marbury? Who litigates on behalf of the sued court/judge?
An interesting-but-rare side issue to our discussion of § 1292(b): The District of Delaware held that that where a case is transferred to a new judge, the new judge cannot certify the old judge's order. This creates some obvious problems for appealability? Worth considering whether the court gets the text right and what the textual solution might be.
We then move to District Courts, covering Structure, Jurisdictional Overview, Removal, and Removal of Exclusive Jurisdiction.
