Tuesday, August 26, 2025

For Tuesday, September 2

Tuesday audio.

We continue with Original Jurisdiction and the policy arguments justifying making it discretionary. How does discretionary jurisdiction create particular problems for § 1251(a) cases? What factors guide the Court in deciding whether to hear an original case?

Then move to Appellate Jurisdiction. Look at the materials on evolution of SCOTUS' jurisdiction (discretionary v. mandatory), including Vladeck's History of Certiorari. How does pure discretionary jurisdiction change the Court's role (from the competing conceptions of that role) and how does it affect (and perhaps undermine) the arguments for judicial review.

Then prep all four sections of Review of State Courts