Monday audio. Panel I reax papers due at the beginning of class tomorrow. To be clear: I do expect you to provide support for a point you make--I need to know you're not making stuff up. I just don't need perfect bluebooking; just a sense of where you are getting the idea from.
We continue with Original Jurisdiction. Relate the list of cases in Art. III § 2 cl.1 to the purposes of having federal courts and a federal judicial power; why these cases and how to they relate to those purposes? Why did Marbury come out the way it did on the jurisdictional issue? Was the Court being asked to exercise original or appellate jurisdiction there?
Move to Appellate Jurisdiction, looking at the materials on the evolution of SCOTUS' jurisdiction (discretionary v. mandatory), including Vladeck's History of Certiorari. How does pure discretionary jurisdiction affect the Court's role and function and how it affects (and perhaps undermines) the arguments for judicial review.
Then move to Background and Power of Review.
