We continue with Sitzes. How did the standard the court adopted (subjective intent to harm) affect the summary judgment analysis? If intent is the material fact, what were the key basic facts? What did the evidence in the record show and how did it go (or not) to subjective intent? Then look at Young and see how employment discrimination claims, which include burden-shifting, work on summary judgment. Look at the Seventh Amendment to the Constitution and consider how that might interest with summary judgment--is S/J constitutional?
On the chance that we do get all the way through the rest of S/J, we will start Subject Matter Juridiction. So prepare Overview of Federal Jurisdiction, including the jurisdictional allegations in our sample pleadings.