Civil Procedure – 6006

FIRSTASSIGNMENTS

Welcometo the Law School and to Civil Procedure! Here are your first assignments for our course.

Youshould register for the course TWEN site right away.  You will find the Syllabus and lots of otheruseful information there.  Note that youneed to finish the Bingham & Gansler book by Tuesday, Sept. 15, so youprobably want to get started on that too.

Tuesday, Sept. 8:  Due Process and the Value of Procedure

Readings:

• CourseSyllabus
• CB2-9 (“What Students Should Know From the Start”)
• CB12-13 (“Reading the Case”)
• CB24-31 (Background and Complaint for Goldbergv. Kelly)
• CB32-40 (Goldberg v. Kelly)
• CB41-44 (Michelman and Tyler & Lind Excerpts)

Notes:

• For class preparation, you definitely should focus most on the Goldberg case itself, CB 32-40.  The assigned material on CB 2-9 and CB 12-13 will help orient you to civil procedure and techniques for studying it. The assigned material on CB 24-31 helps you tackle Goldberg in particular by providing further context. We are skipping United States v. Hall.
• Pay particular attention to the procedural issues in Goldberg.  Use the advice on CB 8-9 and CB 12-13 as you work through them.
• Identify the precise question presented to the Supreme Court in Goldberg and the holding of the Court’s opinion.
• What do you make of Justice Black’s objection that he would agree with the majority opinion if it were “a report of the House Committee on Education and Labor …”?