POS 282--Introduction to American Law
In class today, Tuesday 9/27, I distributed two handouts: my version of the Suggs v. Norris brief, and the graded briefing assignment for next Thursday 10/6. There will be no class meeting this Thursday 9/29. In class today, we discussed the issues of intent in both the majority and dissenting opinions in Katko, and the question of punitive damages in both of those opinions. We went over the Suggs v. Norris case and brief. I discussed the graded briefing assignment, (which is posted below). The assignment for our next class meeting on Tuesday 10/4 is to begin work on the case brief for State of Maine v. Price-Rite, 2011 ME 76. Also the website for the Attorney Generals Complaint in that case is http://www.maine.gov/ag/about/cases_of_interest.shtml
THERE WILL BE NO CLASS THURS. 9/29
Assignment due Thursday, October 6, 2011
The assignment (graded) is to do a Case Brief of the case of State of Maine v. Price-Rite Fuel, 2011 ME 76, ___ A3d. ____. The case 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
--scroll down to “2011 Opinions”
--select 2011 ME 76, State of Maine v. Price-Rite Fuel (7/5/11)
Brief all of the issues that you determine that the Court ruled on.
Follow the format from the Sample Briefs that I’ve distributed. Note especially that the Facts, Issues, and Holding are copied and pasted. Everything that you put into the Fact section should appear exactly in your Issue and Holding sections as well. Your Issue and Holding sections should be identical to each other, except that the issue is a question, and the Holding is the answer to that question. Your briefs will be evaluated on the format, as well as the specific content.
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 your questions, the more likely it is that I can be helpful.
If you cannot be in class on Thursday 10/6, 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. Remember to work by yourselves; do not collaborate.
IMPORTANT: If you e-mail your brief 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.
POS 359--The Current Supreme Court Term
In class today, Tuesday 9/27, we first decided that the class will watch the "John Marshall" episode of the PBS Supreme Court series on Thursday 9/29 (a day when I cannot be in class). So there will be an attendance sheet passed around on Thursday, and the class will watch that program. The assignment for Tuesday 10/4 is to read the transcript of the Douglas oral argument that will be held on Monday 10/3. The transcript should be posted on the Supreme Court website by around 2 or 3 o'clock on Monday. To get to the transcript, go to supremecourt.gov, select oral argument, and select oral argument transcript. The url is http://www.supremecourt.gov/oral_arguments/argument_transcripts.aspx
This is the case which we previously discussed that raises the question of whether the Supremacy Clause of the constitution itself supplies a cause of action for a challenge to California's Medicaid cutbacks. I'm not sure how technical the oral argument will be (how many unexplained precedents and doctrines will be brought up), but try to make sense of what the parties are arguing, and what the Justices are getting at in their questions to the advocates.
Tuesday, September 27, 2011
Thursday, September 22, 2011
September 22, 2011
POS 282--Introduction to American Law
In class today, Thursday 9/22 I distributed two handouts: my own version of the Katko brief, and the Maine criminal statute dealing with use of force in defense of property. We continued with our discussion of the Katko brief, getting as far as the first issue that the Court dealt with (can you set a spring gun under the circumstances?). We went through the authority that the Court relied upon in reaching its decision, secondary and primary authority, mandatory and persuasive authority. We will finish with Katko next Tuesday, first exploring the role of Briney's intent to injure, and the question of notice of the spring gun, and then finishing with the punitive damages issue and the disposition. The assignment for Tuesday 9/27 is to look over the two handouts. In addition, read in the text pp. 54 -57, and write out a brief (again, not handed in or graded) of the Suggs v. Norris decision.
POS 359--The Current Supreme Court Term
In class today, Thursday 9/22, we talked a little about the Davis execution in Georgia. Then I distributed a page of letters that were published this week about the Toobin New Yorker article , and we used the letters as a springboard to discuss such issues as the meaning of originalism, consistency v. flexibility and compromise in judging, and the rules for recusal. I also went over one more Supreme Court oral argument scheduled for the first week, Howes v. Fields, that raises the issue of when someone is in custody for Miranda purposes when the person is already imprisoned for another offense. The assignment for Tuesday 9/27 is to finish reading the Burns book.
In class today, Thursday 9/22 I distributed two handouts: my own version of the Katko brief, and the Maine criminal statute dealing with use of force in defense of property. We continued with our discussion of the Katko brief, getting as far as the first issue that the Court dealt with (can you set a spring gun under the circumstances?). We went through the authority that the Court relied upon in reaching its decision, secondary and primary authority, mandatory and persuasive authority. We will finish with Katko next Tuesday, first exploring the role of Briney's intent to injure, and the question of notice of the spring gun, and then finishing with the punitive damages issue and the disposition. The assignment for Tuesday 9/27 is to look over the two handouts. In addition, read in the text pp. 54 -57, and write out a brief (again, not handed in or graded) of the Suggs v. Norris decision.
POS 359--The Current Supreme Court Term
In class today, Thursday 9/22, we talked a little about the Davis execution in Georgia. Then I distributed a page of letters that were published this week about the Toobin New Yorker article , and we used the letters as a springboard to discuss such issues as the meaning of originalism, consistency v. flexibility and compromise in judging, and the rules for recusal. I also went over one more Supreme Court oral argument scheduled for the first week, Howes v. Fields, that raises the issue of when someone is in custody for Miranda purposes when the person is already imprisoned for another offense. The assignment for Tuesday 9/27 is to finish reading the Burns book.
Tuesday, September 20, 2011
September 20, 2011
POS 282--Introduction to American Law
In class today, Tuesday 9/20, we first finished up our discussion of the Parade ordinances by going over the Augusta fix for the problems identified in the Sullivan case, and then we went over the money charges in both the Dearborn and Augusta ordinances. We also went over the Bangor ordinance, which is far more friendly to the idea of marches. We then started with the Katko brief that I asked you to write out for today. We got as far as the Prior Proceedings in the case . We will pick up with the Present Proceedings on Thursday. The homework for Thursday 9/22 is to simply review your brief that you wrote out, or, if you didn't write one out, to do do.
POS 359--The Current Supreme Court Term
In class today, Tuesday 9/20, we first discussed last year's Holder v. Humanitarian Law Project case, and how it might apply to the Iranian President's current visit to America. We then talked about habeus corpus, discussing the case of Troy Davis, and then two Supreme Court arguments for October 4, Maples v. Thomas and Martinez v. Ryan. The assignment for Thursday September 22 is to read Chapters 10 and 11 of Burns. As you read, ask yourself what system of Constitutional enforcement he would like to see in place, and how would such a system work.
In class today, Tuesday 9/20, we first finished up our discussion of the Parade ordinances by going over the Augusta fix for the problems identified in the Sullivan case, and then we went over the money charges in both the Dearborn and Augusta ordinances. We also went over the Bangor ordinance, which is far more friendly to the idea of marches. We then started with the Katko brief that I asked you to write out for today. We got as far as the Prior Proceedings in the case . We will pick up with the Present Proceedings on Thursday. The homework for Thursday 9/22 is to simply review your brief that you wrote out, or, if you didn't write one out, to do do.
POS 359--The Current Supreme Court Term
In class today, Tuesday 9/20, we first discussed last year's Holder v. Humanitarian Law Project case, and how it might apply to the Iranian President's current visit to America. We then talked about habeus corpus, discussing the case of Troy Davis, and then two Supreme Court arguments for October 4, Maples v. Thomas and Martinez v. Ryan. The assignment for Thursday September 22 is to read Chapters 10 and 11 of Burns. As you read, ask yourself what system of Constitutional enforcement he would like to see in place, and how would such a system work.
Thursday, September 15, 2011
September 15, 2011
POS 282--Introduction to American Law
In class today, Thursday 9/15, I distributed two handouts; Dearborn's fix to its parade ordinance, and Augusta's fix to theirs. We went through how the holdings of a case should lead to an identification of what is needed to fix a problem, and how Dearborn fixed the First Amendment problems cited by the Sixth Circuit. I talked about a First Circuit case, Sullivan v. Augusta, that raised many of the same issues as had been discussed in the AAC case, and we looked at the Augusta ordinance that I distributed on Tuesday. Next week we will look at how Augusta fixed the problem in their new ordinance, as well as the Bangor ordinance. In addition to looking at the new Augusta ordinance, the other assignment for Tuesday September 20 is to read in the text pp. 47-53, and to write out your own brief of Katko v. Briney (though it will not be handed in or graded).
POS 359--The Current Supreme Court Term
In class today, Thursday 9/15, I distributed one handout, the Supreme Court's oral argument schedule for October. We went over one case from that docket, the Reynolds case that raises the issue of standing to challenge the federal sex offender registry law. We spent most of the class watching clips from the PBS series on the Supreme Court, which ranged from John Marshall to Sandra O'Connor. The assignment for Tuesday 9/20 is to read chapters 8-9 of Burns.
In class today, Thursday 9/15, I distributed two handouts; Dearborn's fix to its parade ordinance, and Augusta's fix to theirs. We went through how the holdings of a case should lead to an identification of what is needed to fix a problem, and how Dearborn fixed the First Amendment problems cited by the Sixth Circuit. I talked about a First Circuit case, Sullivan v. Augusta, that raised many of the same issues as had been discussed in the AAC case, and we looked at the Augusta ordinance that I distributed on Tuesday. Next week we will look at how Augusta fixed the problem in their new ordinance, as well as the Bangor ordinance. In addition to looking at the new Augusta ordinance, the other assignment for Tuesday September 20 is to read in the text pp. 47-53, and to write out your own brief of Katko v. Briney (though it will not be handed in or graded).
POS 359--The Current Supreme Court Term
In class today, Thursday 9/15, I distributed one handout, the Supreme Court's oral argument schedule for October. We went over one case from that docket, the Reynolds case that raises the issue of standing to challenge the federal sex offender registry law. We spent most of the class watching clips from the PBS series on the Supreme Court, which ranged from John Marshall to Sandra O'Connor. The assignment for Tuesday 9/20 is to read chapters 8-9 of Burns.
Tuesday, September 13, 2011
September 13, 2011
POS 282--Introduction to American Law
In class today, Tuesday 9/13, I distributed one handout, the Augusta and Bangor parade ordinances. We went through the Brief Template and the AAC brief that I had handed out last week, getting to all but the Disposition segment. The assignment for Thursday 9/15 is to read through the handout, and figure out whether those ordinances are sufficient under the holdings of AAC v. Dearborn.
POS 359--The Current Supreme Court Term
In class today, Tuesday 9/13, we went over two main Constitutional questions that have been discussed in the Burns book. We discussed the role of the President and Congress in deciding whether laws are constitutional by looking at the Obama administration defense of the Don't Ask, Don't Tell law, and the Defense of Marriage Act. We also discussed the Supremacy Clause and preemption in the context of the trial that started Monday in the Vermont Yankee nuclear power plant relicensing. The assignment for Thursday 9/15 is to read chapters 6-7 of Burns.
In class today, Tuesday 9/13, I distributed one handout, the Augusta and Bangor parade ordinances. We went through the Brief Template and the AAC brief that I had handed out last week, getting to all but the Disposition segment. The assignment for Thursday 9/15 is to read through the handout, and figure out whether those ordinances are sufficient under the holdings of AAC v. Dearborn.
POS 359--The Current Supreme Court Term
In class today, Tuesday 9/13, we went over two main Constitutional questions that have been discussed in the Burns book. We discussed the role of the President and Congress in deciding whether laws are constitutional by looking at the Obama administration defense of the Don't Ask, Don't Tell law, and the Defense of Marriage Act. We also discussed the Supremacy Clause and preemption in the context of the trial that started Monday in the Vermont Yankee nuclear power plant relicensing. The assignment for Thursday 9/15 is to read chapters 6-7 of Burns.
Thursday, September 8, 2011
September 8, 2011
POS 282--Introduction to American Law
In class today, Thursday 9/8, I distributed three handouts: a case brief template, a sample brief of AAC v. Dearborn, and a paragraph by paragraph classification of the AAC opinion. We spent the class identifying the issues in the AAC case, reviewing the law that the Court was applying, and looking at the key facts that the Court used to resolve the questions. The assignment for Tuesday 9/13 is to read over the three handouts, studying how the Court opinion gets translated into the format of a case brief.
POS 359--The Current Supreme Court Term
In class today, Thursday 9/8, we went over the briefs in the Douglas case. We reviewed the function of Section 1983, and of a direct action under the Supremacy clause. We also went over the appeal to original intent found in both briefs, as well as the position of the amicus brief by the U.S. The assignment for Tuesday 9/13 is to read Chapters 4 and 5 of the Burns book.
In class today, Thursday 9/8, I distributed three handouts: a case brief template, a sample brief of AAC v. Dearborn, and a paragraph by paragraph classification of the AAC opinion. We spent the class identifying the issues in the AAC case, reviewing the law that the Court was applying, and looking at the key facts that the Court used to resolve the questions. The assignment for Tuesday 9/13 is to read over the three handouts, studying how the Court opinion gets translated into the format of a case brief.
POS 359--The Current Supreme Court Term
In class today, Thursday 9/8, we went over the briefs in the Douglas case. We reviewed the function of Section 1983, and of a direct action under the Supremacy clause. We also went over the appeal to original intent found in both briefs, as well as the position of the amicus brief by the U.S. The assignment for Tuesday 9/13 is to read Chapters 4 and 5 of the Burns book.
Tuesday, September 6, 2011
September 6, 2011
POS 282--Introduction to American Law
In class today, Tuesday 9/6, we began by reviewing the Maine voting residency statute that I had distributed last class. I went over some concepts that were discussed in the Introductory section of the text, including natural law, common law, and equitable relief. I went over the structure of the Maine state court system, with the Maine District Court, Maine Superior Court, and Maine Supreme Court. We began going over the Dearborn ordinance that was at the heart of the AAC v. Dearborn case. The assignment for Thursday 9/8 is to reread the AAC v. Dearborn case. Read it once to go paragraph by paragraph and decide what the role of each paragraph is--what is the Court doing in each paragraph. Read it again to decide exactly which questions the Court is answering--what issues are they dealing with. Prepare to discuss these questions, but there is no writing that will be collected.
POS 359--The Current Supreme Court Term
In class today, Tuesday, 9/6, I distributed one handout, excerpts from the briefs in the upcoming Douglas cases. We went over the federal and state court systems, federal jurisdiction, and the Supreme Court cert. process, and we discussed the Supremacy Clause issue in the Douglas case. The assignment for Thursday 9/8 is to read the Douglas handout, especially as it relates to the "original intent" of the Supremacy clause as discussed in the Burns book.
In class today, Tuesday 9/6, we began by reviewing the Maine voting residency statute that I had distributed last class. I went over some concepts that were discussed in the Introductory section of the text, including natural law, common law, and equitable relief. I went over the structure of the Maine state court system, with the Maine District Court, Maine Superior Court, and Maine Supreme Court. We began going over the Dearborn ordinance that was at the heart of the AAC v. Dearborn case. The assignment for Thursday 9/8 is to reread the AAC v. Dearborn case. Read it once to go paragraph by paragraph and decide what the role of each paragraph is--what is the Court doing in each paragraph. Read it again to decide exactly which questions the Court is answering--what issues are they dealing with. Prepare to discuss these questions, but there is no writing that will be collected.
POS 359--The Current Supreme Court Term
In class today, Tuesday, 9/6, I distributed one handout, excerpts from the briefs in the upcoming Douglas cases. We went over the federal and state court systems, federal jurisdiction, and the Supreme Court cert. process, and we discussed the Supremacy Clause issue in the Douglas case. The assignment for Thursday 9/8 is to read the Douglas handout, especially as it relates to the "original intent" of the Supremacy clause as discussed in the Burns book.
Thursday, September 1, 2011
September 1, 2011
POS 282--Introduction to American Law
In class today, Thursday 9/1, I distributed one handout, 21-A MRS §112 (available from the Maine legislature website http://www.mainelegislature.org/legis/statutes/
We finished going over the assigned case of Mills v. Wyman. We went over many legal concepts, including: common law as opposed to enacted law (constitution, statutes, ordinances and regulations); mandatory authority v. persuasive authority; distinguishing, following, extending, overrruling and reversing prior cases; citation format for both caselaw and statutes; and updating law through shepards and keyciting. I went over a Maine 1904 case that discussed Mills v. Wyman, Inhabitants of Freeman v. Dodge. Finally we talked about today's newspaper article regarding voter registration requirements, and the Republican challenge to student voting. The assignment for Tuesday 9/6 is to read the statutory handout, and to read pp. 1-28 of the textbook.
POS 359--The Current Supreme Court Term
In class today, Thursday 9/1, we first finished discussing the two 2008 Medellin v. Texas cases, and the talked about this summer's Leal Garcia v. Texas case. I showed a short clip of a Clarence Thomas speech before the Heritage Society, and we began our discussion the the Toobin article about Thomas. We will continue with that discussion next Tuesday, as well as beginning a discussion of the Burns book. The assignment for Tuesday 9/6 is to read the first three chapter of the Burns book, Packing The Court, pp. 1-62.
In class today, Thursday 9/1, I distributed one handout, 21-A MRS §112 (available from the Maine legislature website http://www.mainelegislature.org/legis/statutes/
We finished going over the assigned case of Mills v. Wyman. We went over many legal concepts, including: common law as opposed to enacted law (constitution, statutes, ordinances and regulations); mandatory authority v. persuasive authority; distinguishing, following, extending, overrruling and reversing prior cases; citation format for both caselaw and statutes; and updating law through shepards and keyciting. I went over a Maine 1904 case that discussed Mills v. Wyman, Inhabitants of Freeman v. Dodge. Finally we talked about today's newspaper article regarding voter registration requirements, and the Republican challenge to student voting. The assignment for Tuesday 9/6 is to read the statutory handout, and to read pp. 1-28 of the textbook.
POS 359--The Current Supreme Court Term
In class today, Thursday 9/1, we first finished discussing the two 2008 Medellin v. Texas cases, and the talked about this summer's Leal Garcia v. Texas case. I showed a short clip of a Clarence Thomas speech before the Heritage Society, and we began our discussion the the Toobin article about Thomas. We will continue with that discussion next Tuesday, as well as beginning a discussion of the Burns book. The assignment for Tuesday 9/6 is to read the first three chapter of the Burns book, Packing The Court, pp. 1-62.
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