Tuesday audio (corrected). Panel I Reax Papers (which can include out discussion of life tenure v. term limits) due at the beginning of class next Tuesday. First make-up at 12:30 next Tuesday. Also, I should have the list of argument cases to you by next week.
For Monday, we continue with Original Jurisdiction, including Prof. Vladeck's essay on original jurisdiction. How does the second sentence of Art. III § 2 cl.2 (referring to appellate jurisdiction) defeat Marbury's argument? Why was Marbury's case an example of original rather than appellate jurisdiction? Why give SCOTUS original jurisdiction over those cases (considering the point in light of the reasons for federal courts)? What is the argument for and against the Court's original jurisdiction being mandatory? If the Court's jurisdiction is not exclusive, who else might have jurisdiction and on what basis (note the assigned statutes)? What sorts of disputes might two states have?
We will begin discussing Appellate Jurisdiction: State Courts; including SCOTUS Rule 10 (Blog) in your preparation. For Monday, prep Background and Power of Review; for the double session on Tuesday, prep the remainder of that part.
• What is the source of SCOTUS' appellate jurisdiction and what is the role of statutes such as § 1257
• Where does SCOTUS get the power to review decisions of state courts, as a matter of Art. III text and the purpose and policy of having SCOTUS?
• Note how this jurisdiction evolved, including comparing current § 1257 (in the book) with the pre-1988 text (on Blog).
• Who can SCOTUS review under § 1257?
• What can SCOTUS review? What does "independent and adequate" state grounds mean? What sorts of rules are independent and adequate? What should the Court do if there is such a state ground?
