Monday audio. The next Panel should be ready to go.
We will finish Non-Article III Jurisdiction. What is the interaction between the 7th Amendment question and the Article III/Public Rights question? Consider the following:
The SEC brings a civil-enforcement action for securities fraud, seeking civil monetary penalties. It chooses to proceed in an agency proceeding before an ALJ.
Valid under Article III? Valid under the 7th Amendment?
What are the drawbacks to non-Article III adjudication, how did Congress try to alleviate those problems, and does it work?
We next turn to Magistrates, with a detailed focus on § 636, and Bankruptcy Courts. For bankruptcy, look at 28 U.S.C. § 157 and 28 U.S.C. § 158, which establish the process for bankruptcy cases (somewhat similar to magistrates). As to both, what is the connection between the non-Article III adjudicator and the Article III district judge?
We Eleventh Amendment and the next panel. For tomorrow, we will touch on the background to sovereign immunity and the Eleventh Amendment. Read the Amendment, along with Pfander pp. 249-56 and Chemerinsky pp. 445-72. What are the competing theories of the Eleventh Amendment's meaning? Where does sovereign immunity come from and what is its purpose? What does it mean to say "The king can do no wrong?" What happened in Chisholm and how did the Eleventh Amendment respond to that decision?
