Monday, April 17, 2017

For Wednesday--Section A

Monday audio.

We continue with Hanna, which tells us that a federal statute applies so long as valid. What does the REA require for a rule of procedure to be valid and how does Hanna explain those requirements? Review §§ 2072-2074 and understand the REA process--how does that process affect court's determination of a rule's validity? What happens if no act of Congress is controlling--what does Hanna say the analysis should look like? What is the analytical framework for all these questions?

Important point (and something Glannon makes clear): The starting point in your analysis cannot be "the rule is procedural or the rule is substantive." As Glannon says, that is a conclusion, not an analysis.

I will post the hypos on a separate post.