Tuesday, October 8, 2024

For Monday

Tuesday audio. District Court papers due Monday.

We continue with Declaratory Judgments. How is federal-question jurisdiction determined in these anticipatory actions? is there jurisdiction in Skelly, Medimmune, and MGM?

Then move to Non-Article III Courts, including the additional statutes on the blog. Plus, look at the 7th Amendment to the Constitution. What do we mean by "non-Article III courts?" What are the four types of non-Article III bodies? What is the public rights doctrine and how does it explain non-Article III jurisdiction? How does the 7th Amendment fit these issues? What is the argument, grounded in Marbury, for and against SCOTUS power to review the Court of Appeals for the Armed Forces? Would it be different if review was in the courts of appeals? What are the powers and responsibilities of magistrates? What is the purpose of having these as part of the court?

Eleventh Amendment panel should expect to begin on Tuesday of next week.