Thursday, March 31, 2011

March 31, 2011

POS 359--The Current Supreme Court Term
In class today, Thursday 3/31, I went over the background and procedural history of the case we're tackling next, Ashcroft v. al-Kidd. I also went over several legal vocabulary terms, such as a "Bivens" action, and Rule "12(b)(2)" and "12(b)(6)" motions to dismiss. At the end of class I also went over yesterday's 5-4 Supreme Court decision in Connick v. Thompson. The assignment for Tuesday 4/5 is to read the Ninth Circuit's decision in the al-Kidd case. That decision can be found through the Lexis/Nexis research site on the Fogler Library website. The citation to the case is 580 F.3d 949. (I'm only assigning the majority decision for Tuesday, but I'll be assigning the dissent next, so feel free to continue to that portion if you have more time on the weekend than you will during the week.)

POS 282--Introduction to American Law
In class today, Thursday 3/31, we finished our discussion of Gonzales v. Raich, including the outcome of the case in the Court of Appeals (after it was remanded for a decision on the substantive due process claim). We discussed also the power distribution questions underlying the Court's decision, including federal v. state power, and the power of the Court v. the power of Congress. I then gave some examples of some of the topics covered in the chapter, talking about Rowe v. N.H. Motor Transport in terms of the supremacy clause and preemption, and the ex-post fact cases of Smith v. Doe (U.S. Supreme Court) and State of Maine v. Letalien (Maine Supreme Court). We discussed the concept of dictum from the Butler case in the text, including the follow-up 1971 U.S.Supreme Court case of Harris v. New York. We left off with with an introduction to the concept of retroactive v. prospective application. The assignment for Tuesday 4/5 is to read and prepare to discuss through p. 143 of the text.

Tuesday, March 29, 2011

March 29, 2011

POS 359--The Current Supreme Court Term
In class today, Tuesday 3/29, the class voted on which case we should tackle next. The winner was Ashcroft v. Al-Kidd, which was argued on March 2. We then started a discussion of the Davis case regarding the exclusionary rule. We'll continue our discussion of Davis next class. There's no specific additional assignment (beyond what I had already asked you to read in Davis), but we will eventually be reading the parties' briefs and the oral argument in Ashcroft, so feel free to get started on those.

POS 282--Introduction to American Law
In class today, Tuesday 3/29, I distributed one handout, the Maine Rule of Professional Conduct regarding lawyer advertising. We discussed the Pape case, both as decided in Florida, and how the case would come out under the Maine Rules. We began our discussion of Gonzales v. Raich; we will continue with that case on Thursday. The assignment for Thursday 3/31 is to read through p. 136 of the text.

Thursday, March 24, 2011

March 24, 2011

POS 359--The Current Supreme Court Term
In class today, Thursday 3/24, we continued talking about the background to, and decision in, the Bryant case. Justice Scalia seemed somewhat disappointed in the outcome of the case. Next week we'll decided which case will be the subject of the next paper for the class. The assignment for Tuesday 3/29 is to read the oral argument in one possible contender for that case, a recent 4th Amendment/exclusionary rule case, Davis v. United States, argued 3/21.

POS 282--Introduction to American Law
In class today, Thursday 3/24, we continued out discussion of the constitutional limits on punitive damages awards. We went over the Johnson case in the text, and I also discussed three U.S. Supreme Court cases: BMW v. Gore; State Farm v. Campbell; (both discussed in the Johnson case)and Philip Morris v. Williams. The assignment for Tuesday 3/29 is to review the Pape case at the end of Chapter 2, and to read pp. 108-121 of Chapter 3 the text.

Tuesday, March 22, 2011

March 22, 2011

POS 359--The Current Supreme Court Term 2011
In class today, Tuesday 3/22, I handed back the King papers, and we discussed them. I also distributed a paper with my own thoughts about how King should be decided. We then started our discussion of Michigan v. Bryant. We got through the facts of the 2004 Crawford case, and we'll continue with that discussion on Thursday. The assignment for Thursday 3/24 is to read the Michigan v. Bryant decision, if you have not already done so.

POS 282--Introduction to American Law
In class today, 3/22, the class listened to Jim Tierney's talk on nation building. On Thursday, 3/22 we will finish talking about the cases in Chapter 2 of the text (previously assigned).

Thursday, March 17, 2011

March 17, 2011

POS 359--The Current Supreme Court Term
In class today, Thursday 3/17, I first went over some more information about Jim Tierney's talks next week. If you are interested in attending the Wednesday talk about law school, he recommended that you read the 1/9/11 article in the NY Times (NYTimes.com) by David Segal entitled "Is Law School a Losing Game", which can be found at the URL:
http://query.nytimes.com/gst/fullpage.html?res=9C02E6DE143DF93AA35752C0A9679D8B63&ref=davidsegal
I collected the Kentucky v.King papers, and we discussed the case. I'm planning on returning those papers on Tuesday. The assignment for Tuesday 3/22 is to read the 2/28 U.S. Supreme court decision in Michigan v. Bryant, including Justice Scalia's dissent.

POS 282--Introduction to American Law
In class today, Thursday 3/17, I first went over some more information about Jim Tierney's talks next week. Rather than a regular class meeting next Tuesday, we will have him talk in our classroom about "Building Legal Infrastructure-in Bosnia and Elsewhere". (This is a change in location from what I announced in class and what was in the poster announcing the talk, which had put the talk in the Schoenberger Lounge).

If you are interested in attending the Wednesday talk about law school, Jim Tierney recommended that you read the 1/9/11 article in the NY Times (NYTimes.com) by David Segal entitled "Is Law School a Losing Game", which can be found at the URL:
http://query.nytimes.com/gst/fullpage.html?res=9C02E6DE143DF93AA35752C0A9679D8B63&ref=davidsegal

In class, we went over the Mobbley and Holland cases, and the Maine statute regarding hindering apprehension. We'll have Jim Tierney's talk on Tuesday, and on Thursday we'll continue with the Johnson punitive damages case, and so the only homework is to review the readings in the rest of Chapter two that were previously assigned.

Tuesday, March 15, 2011

March 15, 2011

POS 359--The Current Supreme Court Term--2011
In class today, Tuesday 3/15, I distributed one handout, my analysis of the recent Snyder v. Phelps decision. After I made announcements regarding upcoming events and scholarship opportunities,we spent the remainder of the class discussing that decision. The assignment for Thursday 3/17 is to finish the previously-assigned King paper, predicting the outcome of the King exigent circumstances case, as well as discussing how you think that the case should come out. That assignment is due at the beginning of class on Thursday 3/17.

POS 282--Introduction to American Law
In class today, Tuesday 3/15, I returned the exams from before the break, and we went over them. I also distributed one handout, the Maine statute regarding the crime of hindering apprehension. We began our discussion of the Mobbley case. The assignment for Thursday 3/17 is to finish reading Chapter Two of the text.