ABOUT FALL ASSIGNMENTS
Assignments for Spring 2016 can be found here.
This page is updated regularly
See below for assignments and updates. Generally speaking, we will pick up where we left off in the previous class. As a standing practice, be sure to re-review any materials we have not completed from the previous class. Also be sure to read any new materials assigned for that day.
Read carefully and critically.
Read the materials carefully and critically. The syllabus contains basic information to help you in doing your assignments, such as:
Be sure to read the syllabus and use it as a guide.
Here’s a guide to abbreviations used in the assignments below:
- “CB” means the Glannon casebook (second edition).
- “RS” means the Glannon rules supplement (2015 edition).
- “FRCP” or “Fed. R. Civ. P.” refers to the Federal Rules of Civil Procedure, which can be found in the Glannon rules supplement.
- “U.S.C.” refers to the United States Code, which contains federal statutes enacted by the U.S. Congress, which can be found in the Glannon rules supplement.
- “U.S. Const’n” refers to the U.S. Constitution, which can also be found in the Glannon rules supplement.
- “Screencast” refers to videos on Professor Nathenson’s YouTube site
Familiarize yourself with the types of materials in the Civ Pro Study Resources. You’ll use them regularly in and out of class.
WEEK 1 – AUG. 17 & 19
MONDAY, AUG. 17: Intro to Civ Pro
- Carefully read the syllabus.
- CB, pp. 3-36
WEDNESDAY, AUG. 19: SMJ – Diversity jurisdiction basics; citizenship of individuals
- RS, U.S. Const’n, Art. III, sec. 1 and 2
- RS, 28 U.S.C. § 1332(a), (e)
- CB, pp. 39-57
- To help you prepare for class recitation, read Tips for Reciting in Class
- Screencast: Diversity basics: Citizen of a State, available on nathenson.org and on YouTube.
- Prepare answers to questions #1-4 of the Diversity Jurisdiction problem set. Answers with explanations will be posted after we complete our studies of diversity jurisdiction.
WEEK 2 – AUG. 24 & 26
MONDAY, AUG. 24: SMJ – Diversity jurisdiction; citizenship of corporations & other entities
- RS, 28 U.S.C. § 1332(c)
- CB, pp. 57-72
- Screencast: Diversity basics: 1332(a)(1) and (a)(2), available on nathenson.org and on YouTube.
- Screencast: Diversity advanced: 1332(a)(2) and (a)(3), available on nathenson.org and on YouTube.
- Prepare answers to questions #5-12 of the Diversity Jurisdiction problem set
WEDNESDAY, AUG. 26: SMJ – Diversity jurisdiction; amount in controversy
- RS, 28 U.S.C. § 1332(b)
- CB, pp. 72-88
- Screencast: Diversity advanced: amount in controversy, available on nathenson.org and on YouTube.
- Screencast: Diversity advanced: aggregation, available on nathenson.org and on YouTube.
- Prepare answers to questions #13-15 of the Diversity Jurisdiction problem set
WEEK 3 – AUG. 31 & SEPT. 2
MONDAY, AUG. 31: SMJ – Federal question: the well-pleaded complaint
- RS, 28 U.S.C. §§ 1331, 1338
- CB, pp. 89-105
- Prepare answers to questions #1-7 of the Federal question problem set.
WEDNESDAY, SEPT. 2: SMJ – Federal question: the state-law claim with the federal ingredient
WEEK 4 – SEPT. 7 & 9
MONDAY, SEPT. 7: LABOR DAY
- Labor Day, no classes today.
- Please note: I will not have Tuesday office hours. Instead, office hours this week will be:
- Wednesday 5:30-7:30PM
- Thursday 4:00-6:00PM
- Friday, around 1PM to 4PM
WEDNESDAY, SEPT. 9: SMJ – Removal jurisdiction
- FYI: explanations to the federal-question problems from last week are now online.
- We will start on Wednesday by finishing our discussion of federal-question jurisdiction, and will then move into the new materials assigned for today. In addition to the statutes and readings, be ready to discuss the problem set.
- RS: 28 U.S.C. §§ 1441(a)-(c), (f), 1446(a)-(d), 1447, 1454
- Handout on Reading Statutes & Rules. We will use it in marking up the removal statutes.
- CB 125-142
- Prepare answers to the Removal jurisdiction problem set.
WEEK 5 – SEPT. 14 & 16
MONDAY, SEPT. 14: Removal jurisdiction; Personal jurisdiction (intro & Pennoyer)
- We will finish our discussion of removal. As noted in class, I expect that each of you have carefully marked up your statute books and have answers prepared to the problem set. We will then move into personal jurisdiction, one of the most important topics of the year. Pennoyer is one of the most difficult cases of the first-year curriculum, and will need multiple and careful reads. I will assume that you have read all the assigned materials very carefully.
- RS: U.S. Const. am. XIV, section 1
- CB: 145-62
- Study questions/topics for Pennoyer. As part of your briefing, be prepared to discuss your answers to these questions. If you feel you cannot answer any of them, then be prepared to explain what you found confusing and why. Be ready to point to specific text that underlies your confusion. This will be a standing expectation for all of the cases we will read on this topic.
- For the story behind Pennoyer, read Introduction, Part I, and Part II, from Wendy C. Perdue, Sin, Scandal, and Substantive Due Process: Personal Jurisdiction and Pennoyer Reconsidered, 62 Wash. L. Rev. 479 (1987) (Hein on campus | Hein via proxy | WestLaw | Lexis) Note: for the download links to work you must be logged into WestLaw, Lexis, or Hein. There are two Hein links. The first is for persons on campus; the second is a proxy link for STU students off campus. I prefer to use Hein because it provides you with a PDF of the original page with proper formatting and footnotes. It’s also a lot more readable.
- For the historical value, you might be interested to see the notice of Mitchell’s suit against Neff published in the Pacific Christian Advocate.
WEDNESDAY, SEPT. 16: Personal jurisdiction
- We will finish up our discussion of Monday’s materials and then move into discussion of the modern “minimum contacts” standard.
- CB: pp. 162-76
- The following three (3) handouts, which you should bring to every class on PJ:
- Study questions:
- Study questions on Hess. See standing expectations above (from 9/14)
- Study questions on International Shoe. See standing expectations above (from 9/14)
WEEK 6 – SEPT. 21 & 22
MONDAY, SEPT. 21: Personal jurisdiction – Refining the standard
- If needed, we will continue discussion of materials from the prior class.
- CB: 177-99
- Study questions on McGee, Hanson, and World-Wide Volkswagen
- Added Oct. 17: 1L Jennifer Weiss brought to my attention the article Charles W. Adams, World-Wide Volkswagen v. Woodson – The Rest of the Story, 72 Neb. L. Rev. 1122 (1993). It tells the story behind the case. It is a compelling read that shows how the real issue in WWVW was the desire of the plaintiffs to avoid removal and the plans of Audi and VW of America to seek removal. Thanks, Jennifer!
WEDNESDAY, SEPT. 22: Personal jurisdiction – Refining the standard
WEEK 7 – SEPT. 28 & 30
MONDAY, SEPT. 28: Personal jurisdiction – Refining the standard
- We will continue discussion of materials from the prior class.
- No new reading, but make sure you are prepared to discuss the materials in CB: 210-32 and that you are prepared to discuss the Asahi study questions.
WEDNESDAY, SEPT. 30: Personal jurisdiction – General Jurisdiction
- CB p. 245-64 (we are not reading pp. 232-44)
- Study questions on Daimler
WEEK 8 – OCT. 5 & 7
MONDAY, OCT. 5: Personal jurisdiction – In rem & Quasi-in-rem jurisdiction
WEDNESDAY, OCT. 7: Personal jurisdiction – Transient Presence, Consent & Waiver
- CB 282-97, 299-301
- Study questions on Burnham
I will be attending part of your ALI sessions this week. Your ALIs Ashley and Marlene will have a skills activity for you. In addition, I will speak a bit about essay exams in this course.
In preparation, you should read the following two pages from the Civ Pro resources:
- The text (but not the essays) of The importance of developing skill # 2 (getting it all down on paper)
- Tips & Techniques on Civ Pro Essay Exams
Also, as noted in last week’s class, I’ve posted the clarified text to the ALI removal question.
WEEK 9 – OCT. 12 & 14
MONDAY, OCT. 12: Personal jurisdiction – State & Federal Long-Arms
- RS: U.S. Const. am. V
- RS: U.S. Const. am. XIV, section 1
- RS: Fed. R. Civ. P. 4(k) and 4(n)
- CB 303-21
- Long-arm statute handout
- Study questions on state and federal long-arms. Be ready to share your answers with the class.
WEDNESDAY, OCT. 14: Personal jurisdiction – PJ Big Picture Day
- Class will start at the normal time, but will be extended.
- What you must do to properly prepare:
- What we’ll do as a group:
- The “PJ Big Picture Day” review session.
- For those of you with laptops, you can pull up the Coggle during the review session.
- Important: I am trusting you to do the problem set before you view the answers. You will get much more from the questions if you do them yourself first. Learning what you don’t know is as important as learning what you do know. If you do not do as I suggest above, then you are depriving yourself of an important learning opportunity.
WEEK 10 – OCT. 19 & 21 MONDAY, OCT. 19: Notice WEDNESDAY, OCT. 21: Introduction to venue
WEEK 10 – OCT. 19 & 21
MONDAY, OCT. 19: Notice
WEDNESDAY, OCT. 21: Introduction to venue
WEEK 11 – OCT. 26 & 28 MONDAY, OCT. 26: In-class practice exam WEDNESDAY, OCT. 28: Transfer & dismissal
WEEK 11 – OCT. 26 & 28
MONDAY, OCT. 26: In-class practice exam
WEDNESDAY, OCT. 28: Transfer & dismissal
WEEK 12 – NOV. 2 & 4 MONDAY, NOV. 2: Forum non conveniens WEDNESDAY, NOV. 4: Introduction to pleading
WEEK 12 – NOV. 2 & 4
MONDAY, NOV. 2: Forum non conveniens
WEDNESDAY, NOV. 4: Introduction to pleading
WEEK 13 – NOV. 9 & 11 MONDAY, NOV. 9: Heightened & plausibility pleading WEDNESDAY, NOV. 11: Heightened & plausibility pleading (cont’d)
WEEK 13 – NOV. 9 & 11
MONDAY, NOV. 9: Heightened & plausibility pleading
WEDNESDAY, NOV. 11: Heightened & plausibility pleading (cont’d)
WEEK 15 – NOV. 23 MONDAY, NOV. 23: Last Fall class Last updated Nov. 8, 2015, moved to archive page Jan. 1, 2016
WEEK 15 – NOV. 23
MONDAY, NOV. 23: Last Fall class
Last updated Nov. 8, 2015, moved to archive page Jan. 1, 2016