Thursday audio--Section B, Section A. Essays ## 8, 9 and 10 due at 11 a.m. (Section B) and 3 p.m. (Section A) Monday outside my office.
Read Berk, then review and re-prep the remaining Puzzles. Consider:
• Return to # 1: Is there an argument that FRCP 26(a) does not answer the question? Is that the right reading under Berk?
• How can/should a court interpret a rule? What are the competing approaches, as suggested on p. of the Berk majority and FN 1 of the concurrence?
• Puzzle # 8: What are the arguments as to whether federal or state law applies? What is the connection between any applicable Act of Congress and the balancing test courts perform? How does that affect your § 1652 analysis?
