Friday audio--Section A, Section B. Essay # 4 due at the beginning of class Wednesday. We will finish Summary Judgment on Wednesday, so Essay # 5 will be posted at noon on Thursday, March 28 and due on Thursday, April 4.
We pick up with Salazar-Limon. The evidence described in the record is complete; it reflects what both parties submitted in support and opposition to the motion. (Note that moving ∆ here used both 56(c)(1)(A) in offering his own testimony and 56(c)(1)(B) in pointing to the insufficiency of plaintiff's evidence). Accepting there is no dispute as to whether π was reaching for his waistband, how can plaintiff argue there is a genuine dispute as to a material fact. We also will discuss the problems in Glannon pp.408, 409, and 417.
• The law recognizes "mixed-motive" employment discrimination cases--where the defendant took an adverse employment action based on permissible and impermissible grounds. The plaintiff must prove the impermissible grounds were the "but-for" cause--the employer would not have made the adverse decision without the impermissible reason. Courts adopt a burden-shifting framework in such cases (here is your example in which the substantive law declares that the burden of production shifts): The plaintiff offers evidence that the defendant acted for an impermissible reason; the burden of production shifts to the defendant to offer evidence that it would have made the same decision based solely on permissible grounds.
Recall our hypothetical of the African American non-attorney denied a job as an attorney because he is African American and he is
not an attorney. Consider how the plaintiff and defendant could move for summary judgment in this case and what each must do to support the motion.
• What can a non-moving party do if it needs more time to gather evidence to oppose a summary judgment motion?
• Review the Seventh Amendment; we will consider whether summary judgment is a valid procedure, as a conceptual matter and as the courts apply it.
We then move to Subject Matter Jurisdiction: Overview and the beginning of Diversity Jurisdiction. Prep all of Overview, in addition to FRCP 12(b)(1), 12(h)(3), and § 1332(a).
• When does each party consider whether the case is in the correct forum?
• How does each party (the plaintiff filing in federal court and the defendant sued in federal court) present issues about subject matter jurisdiction to the Court?
• What is the constitutional structure of the federal judiciary? What does Article III tell us about the jurisdiction of the federal courts? What doesn't it tell us about the jurisdiction of the federal courts? What is the connection between Article III and the various statutes, such as § 1331 and § 1332?
• What is the purpose or rationale behind diversity jurisdiction?
