Tuesday, September 29, 2009

September 29, 2009

POS 282--Introduction to American Law
In class today, Tuesday 9/29, I returned the Goss briefs, and I also distributed a Comment Key that went along with those corrected briefs. We then discussed the Suggs v. Norris case, and got through the Justice Stewart's plurality opinion in Gregg v. Georgia. The assignment for Thursday 10/1 is to read and prepare to discuss through p. 80 of the text. What I mean by being prepared to discuss a case is to have worked out all of the elements of the case brief, although I am not asking you to write it out and hand it in. Remember that on Thursday October 1, we will also have Sen. Richard Rosen, a long-time member of the Maine legislature, speak to the class. Come prepared with things you'd like to know about our Legislature.

Thursday, September 24, 2009

September 24, 2009

POS 282--Introduction to American Law
In class today Thursday 9/24, I collected the Goss briefs, and we spent the entire class going over the Goss case. I will plan on handing them back on Tuesday. The assignment for Tuesday 9/29 is to read and prepare to discuss through p. 71 of the textbook.

Tuesday, September 22, 2009

September 22, 2009

POS 282--Introduction to American Law
In class today, Tuesday 9/22, I distributed one handout, my formatting comments to the Katko case brief. I passed back those briefs, and we went over both the format and the substance of the Katko case. We looked at the use of precedent and persuasive authority. We then went on to discuss the Goss case a little. I explained the prior proceedings in the case, and also the use of Section 1983 in bringing a federal court action. Finally we discussed the two bases of federal jurisdiction, including the federal question jurisdiction in the Goss case. The assignment for Thursday 9/24 is to complete the Goss brief, which was assigned last Thursday (see the 9/17 blog entry) and is due on this Thursday 9/24.

Thursday, September 17, 2009

September 17, 2009

POS 282--Introduction to American Law

In class today, Thursday 9/17, I distributed two handouts, one a Sample Brief of the Katko case, and the other a graded homework assignment that is reproduced below and is due a week from today. We discussed Justice Souter's concurrence in Glucksberg, the Connecticut v. Doe decision, and then the Katko brief. I collected your Katko briefs, which will be returned next Tuesday. The assignment is to start working on the Goss assignment below:

Assignment due Thursday, September 24, 2009
The assignment is to do a Case Brief of the case of Goss v. Lopez. The case can be found on the website of our textbook.

To access the case, go to

http://college.hmco.com/pic/schubert9e
select “student companion site”
select “general resources”
select “additional cases”
select “Chapter 1”
select “Goss v. Lopez”

The Brief should be in exactly the format used in the Sample Brief Template distributed in class, and the three Case Briefs distributed (AAC, Glucksberg, and Katko).

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 Thursday 9/24, 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.

Tuesday, September 15, 2009

September 15, 2009

POS 282--Introduction to American Law
In class today, Tuesday 9/15, I distributed one handout, a sample brief of Washington v. Glucksberg. We spend the class going over the Facts, Issues, and Holding of that case. We also discussed the concepts of "following", "distinguishing", "reversing", and "overruling" prior precedent. On Thursday 9/17 we will discuss briefly Justice Souter's concurrence in Glucksberg, and also briefly discuss the Connecticut v. Doe decision (previously assigned). The assignment for Thursday 9/17 is to read the case of Katko v. Briney, 183 N.W.2d 657 (Iowa, 1971) (text, p. 47). Then write up a Brief of that decision, using the Sample Brief Template and the 2 Sample Briefs (AAC and Glucksberg) as models for format (not just the Facts, Issues, and Holding, but the entire Format). I will collect this assignment, but I will not grade it.

Thursday, September 10, 2009

September 10, 2009

POS 282--Introduction to American Law
In class today, Thursday 9/10, I began by talking about yesterdays' U.S. Supreme Court oral argument in the First Amendment free speech case of Citizens United v. FEC. We the went over the Bangor parade ordinance that was distributed last time. I prefaced the discussion of Glucksberg by going over a history of the long strange journey of the Fourteenth Amendment and especially the Due Process Clause. We talked about the history of the right to privacy. We then began going over the holding in Glucksberg. The assignment for Tuesday September 15, once again, is to prepare to discuss the Holding for Glucksberg and Conn. v. Doe. Make sure to follow the format of the template and the AAC case Sample Brief.

Tuesday, September 8, 2009

September 8, 2009

POS 282--Introduction to American Law
In class today, Tuesday 9/8, I distributed one handout, the parade ordinances for Augusta and Bangor. We finished our discussion of AAC v. Dearborn case, and completed going over the Sample Brief for that case. We went over the concepts of mandatory and persuasive authority. I also talked about the recent First Circuit case of Sullivan v. City of Augusta, 511 F.3d 16 (1st Cir., 2007) in which there were challenges to the Augusta parade ordinance similar to the challenges in AAC. On Thursday 9/10 we will go over the Bangor parade ordinance. The assignment for Thursday 9/10 is to read through p. 46 of the textbook (the Doe case). Prepare to discuss "Holdings" for the Glucksberg case (p. 33) and the Doe case (p. 44).

Thursday, September 3, 2009

September 3, 2009

POS 282--Introduction to American Law
In class today, Thursday 9/3, I distributed two handouts: a case brief template, and a sample case brief of AAC v. Dearborn. We discussed some of the concepts of jurisprudence from the beginning of Chapter One of the text, including the concept of Natural Law. I went over the Maine Court system, and the Federal Court system, and introduced the citation format for those systems. We began discussing the AAC case, and the AAC brief, including the cause of action segment by which the 14th Amendment incorporated, as against the states, the Bill of Rights protections that were aimed at limiting only the Federal government. The assignment for Tuesday 9/8 is to review the handouts from today, and to read in the textbook pp. 28-42.

Tuesday, September 1, 2009

September 1, 2009

POS 282--Introduction to Law
In class today, Tuesday, 9/1 I distributed two handouts: one was the syllabus, and the other was a short newspaper article about the new Afghan law that allows Shiite husbands the right to deny food to their wives. We discussed both the syllabus and the article. The assignment for Thursday 9/3 is to read through p. 28 of the textbook.