POS 282--Introduction to American Law
In class today, Tuesday 11/25, I collected the case briefs, and we went over them. I talked about one Maine case Flaherty v. Allstate Insurance, regarding the concept of excusable neglect. We finished discussing through the end of Chapter 5 of the text. The homework for Tuesday 12/2 is to read and prepare to discuss in the text pages 230-250. I hope that you have a safe and happy Thanksgiving.
CMJ 375--Mass Media Law
In class today, Tuesday 11/25, I passed back the exams, and we went over them. I distributed one handout with a variety of Maine laws regarding access to court proceedings.I discussed one Maine case regarding access to child protective proceedings, in re Bailey M. The homework for Tuesday 12/2 is to read and prepare to discuss in the text pages 281-295 and the following cases from the casebook: Branzburg, p.158, Miller, p.164 and Cohen, p.169. I hope that you have a safe and happy Thanksgiving.
Tuesday, November 25, 2008
Thursday, November 20, 2008
November 20, 2008
POS 282--Introduction to American Law
In class today, Thursday 11/20, we discussed the Dorsey and Libby cases from the text, and I also went over one Maine case, Phillips v. Johnson. On Tuesday 11/25 the case briefs for Brown and Ireland are due. I clarified in class my understanding of the facts in Ireland, i.e. that the duplex property had had only one address listed for it at the time that the defendants acquired it, but at the time of service of process, the duplex had two separate addresses. In addition to finishing the briefs, the reading assignment for Tuesday 11/25 is to finish reading and preparing to discuss Chapter V of the text.
CMJ 375--Mass Media Law
In class today, Thursday 11/20, we had Exam #2. I will return that exam and we will go over it on Tuesday 11/25. The assignment for Tuesday 11/25 is to read and prepare to discuss through p. 281 of the text, and the Chandler case on p. 154 of the casebook.
In class today, Thursday 11/20, we discussed the Dorsey and Libby cases from the text, and I also went over one Maine case, Phillips v. Johnson. On Tuesday 11/25 the case briefs for Brown and Ireland are due. I clarified in class my understanding of the facts in Ireland, i.e. that the duplex property had had only one address listed for it at the time that the defendants acquired it, but at the time of service of process, the duplex had two separate addresses. In addition to finishing the briefs, the reading assignment for Tuesday 11/25 is to finish reading and preparing to discuss Chapter V of the text.
CMJ 375--Mass Media Law
In class today, Thursday 11/20, we had Exam #2. I will return that exam and we will go over it on Tuesday 11/25. The assignment for Tuesday 11/25 is to read and prepare to discuss through p. 281 of the text, and the Chandler case on p. 154 of the casebook.
Tuesday, November 18, 2008
November 18, 2008
POS 282--Introduction to American Law
In class today, Tuesday 11/18, I distributed two handouts: the case brief assignment, due 11/25, that is copied below, and excerpts from the Maine Rules of Civil Procedure and the Maine Rules of Evidence. We discussed through the Salmon case on p. 192 of the text. The assignment for Thursday 11/20 is to begin work on the case briefs, and to read and prepare to discuss through p. 215 of the text.
Assignment due Tuesday, November 25, 2008
The assignment is to do two abbreviated case briefs: the first is of the case of Brown v. Thaler, 2005 ME 75 and the second is of Ireland v. Carpenter, 2005 ME 98. The cases can be found on the website of the Maine Supreme Court.
To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--select “2005 Opinions”
--select 2005 ME 75, Brown v. Thaler
--select 2005 ME 98, Ireland v. Carpenter
For the Ireland case, only brief Section II (B) of the opinion, “Service on Loyen”. Just to clarify what I understand to be the situation, Loyen and Carpenter share a duplex house, which means that there are two different addresses on the house, one for each half of the duplex.
What I mean by ”abbreviated case brief” is that I want you to do only the Citation, Parties, Appellant’s Contentions, Facts, Issues, and Holdings. Your briefs will be evaluated on the format, as well as the specific content.
These are both cases in which the brief is more useful if you utilize an “even though...” portion of the Issues, and Holdings (and include any facts used there in your Facts section). This means that you include the opposite argument (opposite to what the Court holds) to show what the other (losing) side was arguing. For example: “Under the rules of our class, may a student make cell phone calls during the class when such calls are disruptive, even though there was no specific prohibition on such calls in the syllabus.” The “Facts” would include both “ such calls are disruptive” and “there was no specific prohibition on such calls in the syllabus”.
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Tuesday 11/ 25, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT : If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375--Mass Media Law
In class today, Tuesday 11/18, I returned the Blethen papers, and we discussed them. We discussed in the textbook through p.266 and also discussed the Rideau and Nebraska Press Assoc. cases from the casebook. On Thursday 11/20 we'll have Exam #2.
In class today, Tuesday 11/18, I distributed two handouts: the case brief assignment, due 11/25, that is copied below, and excerpts from the Maine Rules of Civil Procedure and the Maine Rules of Evidence. We discussed through the Salmon case on p. 192 of the text. The assignment for Thursday 11/20 is to begin work on the case briefs, and to read and prepare to discuss through p. 215 of the text.
Assignment due Tuesday, November 25, 2008
The assignment is to do two abbreviated case briefs: the first is of the case of Brown v. Thaler, 2005 ME 75 and the second is of Ireland v. Carpenter, 2005 ME 98. The cases can be found on the website of the Maine Supreme Court.
To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--select “2005 Opinions”
--select 2005 ME 75, Brown v. Thaler
--select 2005 ME 98, Ireland v. Carpenter
For the Ireland case, only brief Section II (B) of the opinion, “Service on Loyen”. Just to clarify what I understand to be the situation, Loyen and Carpenter share a duplex house, which means that there are two different addresses on the house, one for each half of the duplex.
What I mean by ”abbreviated case brief” is that I want you to do only the Citation, Parties, Appellant’s Contentions, Facts, Issues, and Holdings. Your briefs will be evaluated on the format, as well as the specific content.
These are both cases in which the brief is more useful if you utilize an “even though...” portion of the Issues, and Holdings (and include any facts used there in your Facts section). This means that you include the opposite argument (opposite to what the Court holds) to show what the other (losing) side was arguing. For example: “Under the rules of our class, may a student make cell phone calls during the class when such calls are disruptive, even though there was no specific prohibition on such calls in the syllabus.” The “Facts” would include both “ such calls are disruptive” and “there was no specific prohibition on such calls in the syllabus”.
Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.
You may e-mail me if you have questions about the brief. The more time that I have to answer our questions, the more likely it is that I can be helpful.
If you cannot be in class on Tuesday 11/ 25, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.
IMPORTANT : If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
CMJ 375--Mass Media Law
In class today, Tuesday 11/18, I returned the Blethen papers, and we discussed them. We discussed in the textbook through p.266 and also discussed the Rideau and Nebraska Press Assoc. cases from the casebook. On Thursday 11/20 we'll have Exam #2.
Thursday, November 13, 2008
November 13, 2008
POS 282--Introduction to American Law
In class today, Thursday 11/13, we went over the Bohlander and Ruhrgas cases from the text, and I also discussed two Maine cases regarding choice of law, Collins v. Trius and Flaherty v. Allstate. On Tuesday 11/18 we will finish up Chapter 4 of the text with a discussion of the Land case. The assignment for Tuesday 11/18 is to read and prepare to discuss from the text pages 189-204. Also on Tuesday I will distribute the third and final case brief assignment, which will be due on Tuesday 11/25.
CMJ 375--Mass Media Law
In class today, Thursday 11/13, I collected the Blethen papers, and we discussed that assignment. I distributed one handout, the recently amended Maine statute regarding disclosure of the revocation of teachers' certification. I also went over a recent Maine case under the FOAA, Moore v. Abbott. On Tuesday 11/18 I will return the Blethen papers. On Thursday 11/20 we will have Exam #2, which will cover the material we've done since Exam #1. The assignment for Tuesday 11/18 is to read and prepare to discuss from the text pages 249-266, and from the casebook the Rideau case on p. 139 and the Nebraska Press case on p. 141.
In class today, Thursday 11/13, we went over the Bohlander and Ruhrgas cases from the text, and I also discussed two Maine cases regarding choice of law, Collins v. Trius and Flaherty v. Allstate. On Tuesday 11/18 we will finish up Chapter 4 of the text with a discussion of the Land case. The assignment for Tuesday 11/18 is to read and prepare to discuss from the text pages 189-204. Also on Tuesday I will distribute the third and final case brief assignment, which will be due on Tuesday 11/25.
CMJ 375--Mass Media Law
In class today, Thursday 11/13, I collected the Blethen papers, and we discussed that assignment. I distributed one handout, the recently amended Maine statute regarding disclosure of the revocation of teachers' certification. I also went over a recent Maine case under the FOAA, Moore v. Abbott. On Tuesday 11/18 I will return the Blethen papers. On Thursday 11/20 we will have Exam #2, which will cover the material we've done since Exam #1. The assignment for Tuesday 11/18 is to read and prepare to discuss from the text pages 249-266, and from the casebook the Rideau case on p. 139 and the Nebraska Press case on p. 141.
Tuesday, November 11, 2008
November 11, 2008
POS 282--Introduction to American Law
In class today, Tuesday 11/11, I returned the Zorn case briefs, and we went over them. I distributed 2 handouts, one the Zorn comment key, and the other Maine statues regarding civil juries and the Maine long-arm statute. I went over four cases, two about the definition of subject-matter jurisdiction (Landmark Realty v. Leasure and Bowles v. Russell) and two about personal and subject matter jurisdiction in Maine regarding divorces etc. (Hawley v. Murphy and VonSchack v. VonSchack). We also discussed the Edwards case from the text. The assignment for Thursday November 13 is to read and prepare to discuss the remainder of Chapter 4 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday, 11/11, we went over some of the concepts that you will need to incorporate into your "Blethen" paper, including my request that you specifically identify the particular paragraph number in the Blethen decision from which you are deriving your information. We discussed the Favish case from the text and the Reporter's Committee case from the casebook. I went over two Maine cases, Guy Gannett v. University of Maine, and Blethen v. Portland School Committee. The assignment for Thursday 11/13 is to write the paper that was assigned last Thursday.
In class today, Tuesday 11/11, I returned the Zorn case briefs, and we went over them. I distributed 2 handouts, one the Zorn comment key, and the other Maine statues regarding civil juries and the Maine long-arm statute. I went over four cases, two about the definition of subject-matter jurisdiction (Landmark Realty v. Leasure and Bowles v. Russell) and two about personal and subject matter jurisdiction in Maine regarding divorces etc. (Hawley v. Murphy and VonSchack v. VonSchack). We also discussed the Edwards case from the text. The assignment for Thursday November 13 is to read and prepare to discuss the remainder of Chapter 4 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday, 11/11, we went over some of the concepts that you will need to incorporate into your "Blethen" paper, including my request that you specifically identify the particular paragraph number in the Blethen decision from which you are deriving your information. We discussed the Favish case from the text and the Reporter's Committee case from the casebook. I went over two Maine cases, Guy Gannett v. University of Maine, and Blethen v. Portland School Committee. The assignment for Thursday 11/13 is to write the paper that was assigned last Thursday.
Thursday, November 6, 2008
November 6, 2008
POS 282--Introduction to American Law
In class today, Thursday 11/6, I collected the Zorn briefs, and we went over the Zorn case as well as the Karsetter case from the text. The assignment for Tuesday 11/11 is to read and prepare to discuss pp. 152-167 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 11/6, I distributed two handouts; one was the Maine statutes regarding Freedom of Access, etc. and the other was the memo assignment (below) which is due next Thursday, 11/13. The assignment for Tuesday 11/11 is to start work on the memo, and to read and prepare to discuss pp. 228-248 of the text and the Reporter's Committee case on p. 130 of the casebook.
This assignment is due at the beginning of class on Thursday, November 13, 2008
Assume that you are a reporter for a very small, but locally influential Maine newspaper. The paper can not really afford to consult with an attorney, but one consideration by the newspaper in the decision to hire you was your assurance that you had taken a Mass Media Law class in college, and could pretty much figure out this law stuff on your own.
You have been assigned to research and write an investigative report regarding a long time teacher in the local school. He had taught for about 20 years, and he had died about five years ago. Only recently, though, have rumors started being passed around in town that the man in fact was a pedophile, who had abused numerous students over the years. The County District Attorney has investigated the rumors, and written a report on his investigation, but will not be prosecuting, because the teacher is dead. (Even though the teacher is dead though, there’s plenty of speculation that the School Board, or maybe the School Superintendent, or maybe the Principal of the school, knew or suspected, or should have suspected, the true nature of the teacher.) The District Attorney interviewed several of the alleged victims of the teacher, some of whom came forward to talk to the D.A. when they learned that there was an investigation (without any promise of confidentiality by the D.A.), and others whom the D.A. sought out once he had learned their names from other victims (and who agreed to talk only after the D.A. had sought them out and promised them confidentiality.)
Anyway, getting your hands on the report that the D.A. prepared would be great, You could expect that the circulation of your little paper would soar if you could get enough information to write up a good story.
Your editor has asked you to write her a memo detailing the chances of getting a copy of the D.A.’s report, in whole or in part. You have discovered one Maine case that seems especially on point, Blethen Maine Newspapers v. State of Maine, 2005 ME 56. (You can find the case by going to the Maine Supreme Court website--http://www.courts.state.me.us/opinions/supreme/index.html and selecting the 2005 cases, and then #56- this case.)
You should read the case carefully, including all four of the opinions in the case. Then write your memo to your editor, explaining the law to her, and specifically analyzing whether you would expect the same outcome as in the Blethen case, or whether it would be distinguishable, and why you reach the conclusion that you do. Be specific; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 11/13, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
In class today, Thursday 11/6, I collected the Zorn briefs, and we went over the Zorn case as well as the Karsetter case from the text. The assignment for Tuesday 11/11 is to read and prepare to discuss pp. 152-167 of the text.
CMJ 375--Mass Media Law
In class today, Thursday 11/6, I distributed two handouts; one was the Maine statutes regarding Freedom of Access, etc. and the other was the memo assignment (below) which is due next Thursday, 11/13. The assignment for Tuesday 11/11 is to start work on the memo, and to read and prepare to discuss pp. 228-248 of the text and the Reporter's Committee case on p. 130 of the casebook.
This assignment is due at the beginning of class on Thursday, November 13, 2008
Assume that you are a reporter for a very small, but locally influential Maine newspaper. The paper can not really afford to consult with an attorney, but one consideration by the newspaper in the decision to hire you was your assurance that you had taken a Mass Media Law class in college, and could pretty much figure out this law stuff on your own.
You have been assigned to research and write an investigative report regarding a long time teacher in the local school. He had taught for about 20 years, and he had died about five years ago. Only recently, though, have rumors started being passed around in town that the man in fact was a pedophile, who had abused numerous students over the years. The County District Attorney has investigated the rumors, and written a report on his investigation, but will not be prosecuting, because the teacher is dead. (Even though the teacher is dead though, there’s plenty of speculation that the School Board, or maybe the School Superintendent, or maybe the Principal of the school, knew or suspected, or should have suspected, the true nature of the teacher.) The District Attorney interviewed several of the alleged victims of the teacher, some of whom came forward to talk to the D.A. when they learned that there was an investigation (without any promise of confidentiality by the D.A.), and others whom the D.A. sought out once he had learned their names from other victims (and who agreed to talk only after the D.A. had sought them out and promised them confidentiality.)
Anyway, getting your hands on the report that the D.A. prepared would be great, You could expect that the circulation of your little paper would soar if you could get enough information to write up a good story.
Your editor has asked you to write her a memo detailing the chances of getting a copy of the D.A.’s report, in whole or in part. You have discovered one Maine case that seems especially on point, Blethen Maine Newspapers v. State of Maine, 2005 ME 56. (You can find the case by going to the Maine Supreme Court website--http://www.courts.state.me.us/opinions/supreme/index.html and selecting the 2005 cases, and then #56- this case.)
You should read the case carefully, including all four of the opinions in the case. Then write your memo to your editor, explaining the law to her, and specifically analyzing whether you would expect the same outcome as in the Blethen case, or whether it would be distinguishable, and why you reach the conclusion that you do. Be specific; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 11/13, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.
IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.
Tuesday, November 4, 2008
November 4, 2008
POS 282--Introduction to American Law
In class today, Tuesday 11/4, I first answered questions about the casebrief that is due on Thursday. We then went over the Strunk and Hubbard cases from the text. The assignment for Thursday 11/6 is to complete the casebrief that was assigned last Thursday (10/30). Also, review the Karstetter case on page 145 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 11/4, we went over the remainder of Chapter 5 of the text. I also discussed one Maine case, Loe v. Thomaston. I distributed a handout of the Maine criminal and civil statutes regarding trespass. The assignment for Thursday 11/6 is to read and prepare to discuss pp. 214-228 of the text, and two cases from the casebook, Miller (p. 124) and Houchins (p. 127).
In class today, Tuesday 11/4, I first answered questions about the casebrief that is due on Thursday. We then went over the Strunk and Hubbard cases from the text. The assignment for Thursday 11/6 is to complete the casebrief that was assigned last Thursday (10/30). Also, review the Karstetter case on page 145 of the text.
CMJ 375--Mass Media Law
In class today, Tuesday 11/4, we went over the remainder of Chapter 5 of the text. I also discussed one Maine case, Loe v. Thomaston. I distributed a handout of the Maine criminal and civil statutes regarding trespass. The assignment for Thursday 11/6 is to read and prepare to discuss pp. 214-228 of the text, and two cases from the casebook, Miller (p. 124) and Houchins (p. 127).
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