Class Action Study Guide - Internship Class

Here are some questions to think about as you finish up Class Action. We will begin discussing the book during the second half of class on Tuesday.

Consider how the case reflects the values of American society regarding justice and equality.

What does this case/book say about civil justice, the role of litigation and the role of government in promoting that justice?

What lessons does the case/book teach us about the practice of law? Are there lessons about public and private law practice here?

What does the case (or the book) teach us about how the US legal system provides access to justice?

What incentives and disincentives exist for plaintiffs to litigate claims like those discussed in the book?

What incentives and disincentives exist for plaintiffs’ counsel to litigate claims like those discussed in the book?

What is a class action lawsuit? What’s the purpose of a class action? What are the requirements?

Why did the plaintiffs sue under the laws they used (state and federal)? Why sue upper level company officials?

How did the union impact the case/story?

What was the defense lawyers’ strategy?

Free Practice LSAT- This Saturday

11 am in PUP 206, sponsored by Pre-Law Society.

Top Gonzales aide involved in US Attorney firings resigns

Monica Goodling, a key player in the U.S attorney firings, resigned from her post as an aid. Evidence shows that she was involved in several meetings planning the firings and was involved in a conversation with Senator Domenici about the topic. She announced through her lawyer that she would not answer any questions on this issue. In addition, she threatened to use her fifth amendment rights if she was subpoenaed.

New Hypothetical

I posted this in the comments below and thought some might miss it. Here's a little war powers hypo:

President Bush orders troops into Mexico to conduct targeted attacks on "centers of drug trafficking." Bush claims illegal drugs present a threat to national security. He reminds the American people that we still haven’t won the war on "drugs." Corporal O'Reilly refuses to go and is charged with desertion. O'Reilly claims the war is illegal. Mexico responds by invading New Mexico. President Bush orders the military to arrest all Mexican Americans in California and Texas and send them to Guantanamo. The ACLU sues on behalf of thousands of Mexican Americans detained without any due process or right to counsel. The parents of a Mexican American detainee also sue. How would the Court handle all of these issues?

EPA Case and Quiz Review

The online review discussion is posted in the comments section of Hima's post below.

Last week we discussed the Ma. v. EPA (pdf) Supreme Court decision. In that case the court ruled that Congress in passing the Clean Air Act ordered the EPA to regulate air pollution caused by new car emissions. So, unless the EPA could demonstrate scientifically that emissions were not air pollution it had to regulate - it had no choice. Consider this case in light of our discussion of delegating legislative authority (Mistretta) and in light of the MS v. Johnson case. See this NYT article on the case.

Individual appointment and study session

The group study session will be monday 5:oo pm in the pre law office. The pre law office is on the third floor of the PUP.


The people that sent me an email expressing interest in the individual study session MUST send me another email by sunday to set up an appointment. I will be tutoring students from 11-1 and 6:30-7:30 in the library lobby, if you would like to stop by for help.

thanks.

Supreme Court declines to hear Guantanamo detainee habeas appeals

The U.S court of appeals for the D.C Circuit upheld the Military Commision Act denying habeas corpus to enemy combatants. The Supreme court declined to hear an appeal on this ruling. In order for a case to be heard there must be four consenting justices. However, on this appeal, only Ginsburg, Souter, and Breyer voted to hear the case.