Monday, October 13, 2025

For Tuesday, October 14

Monday audio. No class next Monday, October 20. Double session (9:30, then 11) next Tuesday, October 21.

We continue with Non-Article III. What is the argument that § 1259 is valid under Marbury? What is the argument (for and against) about how § 1257 and § 1258 affect the validity of § 1259? Pay attention to Chemerinsky's discussion of Jarkesy and how that affect the public-rights doctrine.

Change of plans--we will not get to Eleventh Amendment tomorrow. The next panel should be ready to go next Tuesday, October 21 (double session).