POS 282 Intro. to Amer. Law
In class today, Monday 2/26, I passed back last week's exams, and I went over the grading. We discussed the concepts of Chapter 5 on torts. I distributed a handout of selected Maine tort statutes. I discussed several Maine Supreme Court tort decisions. I collected your papers on Willliams, but we did not have time to discuss Williams. Since we still have Williams to discuss, I decided to not give you any additional assignment over spring break, other than to review Williams (if you have not yet read the Supreme Court decision, you should do so). Have a good spring break.
Monday, February 26, 2007
Wednesday, February 21, 2007
February 21, 2007
POS 282 --Introduction to American Law
When I assigned the Philip Morris case on Monday, I had no idea that the Supreme Court would hand down its ruling in the case on Tuesday. If they had just waited one more week. it would have been great timing...As it is though, it does create a problem with an assignment that asked you to make a prediction in the case.
Anyway, here's how I've decided to deal with this new development: You will have a choice of doing one of two things.
1) You may just do the original assignment. Go ahead and do your analysis and make your prediction just as assigned. If you do this, I ask you to not read anything more about the decision, because it would be like placing bets now on the last month's Superbowl-not really sporting.
or
2) You may write a paper (2-3 pages) that discusses the issues that were presented to the Supreme Court, and what issues the Supreme Court ultimately ruled on. Summarize the majority opinion, and summarize each of the three dissenting opinions, emphasizing on which point(s) each dissenting opinion disagrees with the majority. Also, go back to the oral argument, and show how the questions asked at oral argument did (or did not) reflect the ultimate viewpoint of at least 2 of the Justices. Finally, explain which opinion(s) you find the most persuasive, and why.
The link to the decision may be found at the Supreme court site at
http://www.supremecourtus.gov/opinions/06slipopinion.html
When I assigned the Philip Morris case on Monday, I had no idea that the Supreme Court would hand down its ruling in the case on Tuesday. If they had just waited one more week. it would have been great timing...As it is though, it does create a problem with an assignment that asked you to make a prediction in the case.
Anyway, here's how I've decided to deal with this new development: You will have a choice of doing one of two things.
1) You may just do the original assignment. Go ahead and do your analysis and make your prediction just as assigned. If you do this, I ask you to not read anything more about the decision, because it would be like placing bets now on the last month's Superbowl-not really sporting.
or
2) You may write a paper (2-3 pages) that discusses the issues that were presented to the Supreme Court, and what issues the Supreme Court ultimately ruled on. Summarize the majority opinion, and summarize each of the three dissenting opinions, emphasizing on which point(s) each dissenting opinion disagrees with the majority. Also, go back to the oral argument, and show how the questions asked at oral argument did (or did not) reflect the ultimate viewpoint of at least 2 of the Justices. Finally, explain which opinion(s) you find the most persuasive, and why.
The link to the decision may be found at the Supreme court site at
http://www.supremecourtus.gov/opinions/06slipopinion.html
Monday, February 19, 2007
February 19, 2007
POS 282--Introduction to American Law
In class today, Monday 2/19, we had our first test. After a break, we went over the test. I will hand back the results next Monday. Also I assigned the following for class next Monday:
The assignment for Monday, February 26, 2007 is
•1) Read Chapter 5 of the text on Torts
•2) Go to the website for the Medill School of Journalism, and read this article about a recently argued U.S. Supreme Court case,
Philip Morris USA v. Williams, Mayola Docket: 05-1256
http://docket.medill.northwestern.edu/archives/003687.php
The case involves the limits that the U.S. Constitution puts on the amount of punitive damages that a jury can award in torts cases. The questions presented to the Supreme Court (as written by the tobacco company) are
(1) Whether, in reviewing a jury's award of punitive damages, an appellate court's conclusion that a defendant's conduct was highly reprehensible and analogous to crime can override the constitutional requirement that punitive damages must be reasonably related to the harm to the plaintiff? (2) Whether due process permits a jury to punish a defendant for the effects of its conduct on non-parties?
•3) Using the link on the Medill site to the Oregon Supreme Court decision -or going directly to the Oregon Supreme Court site at http://159.121.112.45/S51805.htm
read that Oregon Supreme Court decision that is under review by the U.S. Supreme Court. Use that decision’s discussion of previous Supreme Court decisions to help you understand what tests the U.S. Supreme Court has previously imposed on punitive damages.
•4) Go to the U.S. Supreme Court site, locate and read the transcript of the oral argument that was held by the U.S. Supreme Court on October 31, 2006. The transcript site is
http://www.supremecourtus.gov/oral_arguments/argument_transcripts.html
and the case to scroll down to is
05-1256. Philip Morris USA v. Williams 10/31/06
•5) Write a paper (approximately 2-3 double-spaced pages) summarizing in your own words how the constitutional test applies to the facts of this case, (not a summary of the facts of this case) and giving your prediction about how the case will be decided by the Supreme Court, making specific reference to the language of questions asked by various justices during the oral argument.
In class today, Monday 2/19, we had our first test. After a break, we went over the test. I will hand back the results next Monday. Also I assigned the following for class next Monday:
The assignment for Monday, February 26, 2007 is
•1) Read Chapter 5 of the text on Torts
•2) Go to the website for the Medill School of Journalism, and read this article about a recently argued U.S. Supreme Court case,
Philip Morris USA v. Williams, Mayola Docket: 05-1256
http://docket.medill.northwestern.edu/archives/003687.php
The case involves the limits that the U.S. Constitution puts on the amount of punitive damages that a jury can award in torts cases. The questions presented to the Supreme Court (as written by the tobacco company) are
(1) Whether, in reviewing a jury's award of punitive damages, an appellate court's conclusion that a defendant's conduct was highly reprehensible and analogous to crime can override the constitutional requirement that punitive damages must be reasonably related to the harm to the plaintiff? (2) Whether due process permits a jury to punish a defendant for the effects of its conduct on non-parties?
•3) Using the link on the Medill site to the Oregon Supreme Court decision -or going directly to the Oregon Supreme Court site at http://159.121.112.45/S51805.htm
read that Oregon Supreme Court decision that is under review by the U.S. Supreme Court. Use that decision’s discussion of previous Supreme Court decisions to help you understand what tests the U.S. Supreme Court has previously imposed on punitive damages.
•4) Go to the U.S. Supreme Court site, locate and read the transcript of the oral argument that was held by the U.S. Supreme Court on October 31, 2006. The transcript site is
http://www.supremecourtus.gov/oral_arguments/argument_transcripts.html
and the case to scroll down to is
05-1256. Philip Morris USA v. Williams 10/31/06
•5) Write a paper (approximately 2-3 double-spaced pages) summarizing in your own words how the constitutional test applies to the facts of this case, (not a summary of the facts of this case) and giving your prediction about how the case will be decided by the Supreme Court, making specific reference to the language of questions asked by various justices during the oral argument.
Monday, February 12, 2007
February 12, 2007
POS 282--Introduction to American Law
In class today, Monday 2/12, I handed back the Scott v. Harris papers. We then went over some of the concepts of Chapter 4 regarding criminal law. I distributed handouts of the 2 Thongsavanh decisions, and we discussed them. We then went over a sample test. On Monday 2/19 we will have out first test, which will be open-book and open-note.
In class today, Monday 2/12, I handed back the Scott v. Harris papers. We then went over some of the concepts of Chapter 4 regarding criminal law. I distributed handouts of the 2 Thongsavanh decisions, and we discussed them. We then went over a sample test. On Monday 2/19 we will have out first test, which will be open-book and open-note.
Monday, February 5, 2007
February 5, 2007
POS 282--Intro. to American Law
In class today, Monday 2/5, I distributed two handouts, one a list of useful Websites, and the other a portion of the Maine statute regarding the use of force by police. We discussed the concepts in Chapter 3 in light of current Supreme Court cases, and discussed the Scott v. Harris case and paper. The assignment for Monday 2/12 is to read Chapter 4 of the text. In addition read and prepare to discuss two Maine Supreme Court cases entitled State v. Thongsavanh. The citations for the cases are 2004 ME 126 and 2007 ME 20. The cases are available from the Maine Supreme Court Website,
http://www.courts.state.me.us/opinions/supreme/index.html
Also, the first test in the class will be on Monday, 2/19.
In class today, Monday 2/5, I distributed two handouts, one a list of useful Websites, and the other a portion of the Maine statute regarding the use of force by police. We discussed the concepts in Chapter 3 in light of current Supreme Court cases, and discussed the Scott v. Harris case and paper. The assignment for Monday 2/12 is to read Chapter 4 of the text. In addition read and prepare to discuss two Maine Supreme Court cases entitled State v. Thongsavanh. The citations for the cases are 2004 ME 126 and 2007 ME 20. The cases are available from the Maine Supreme Court Website,
http://www.courts.state.me.us/opinions/supreme/index.html
Also, the first test in the class will be on Monday, 2/19.
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