Wednesday audio: Section B, Section A. Please note some schedule changes for the coming week. Answers to Prelim Exam will post tomorrow morning. Essay # 5 will post at 12:30 tomorrow, due in class next Thursday.
Review and prep all of Diversity Jurisdiction, beginning with the puzzles. In analyzing these, be aware that the reason there is not complete diversity is different from the reason why there is minimal diversity; keep them separate. Think about why the statute requires complete diversity, especially how it relates to the purposes of diversity, and consider the arguments against that requirement.
Finally, to bring us back to early topics: The Justice Department sued Harvard for violating Title VI (which prohibits race discrimination by universities receiving federal funds), over its failure to stop campus antisemitism and its continued use of race in admissions. But, as the article describes, Harvard had previously sued DOJ and won on summary judgment (the case is on appeal), arguing that the federal government had improperly withheld federal funds from Harvard. So at least some of the issues that DOJ must prove to win its case were resolved on the SJ decision in Harvard's lawsuit. And that may trigger some issue preclusion arguments in the new action.
Note also that Harvard, as plaintiff, won on SJ. Another case in which the facts were undisputed (DOJ withheld the $ without following process) and the question is whether that violated Title VI and the First Amendment.
