Friday, September 28, 2012

September 28, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 9/28, I distributed one handout, my version of the Glucksberg case brief. We went through the Cruzan and Casey cases, and discussed how the Court found different rights involved in those cases. We also discussed from Cruzan the concept of varying burdens of persuasion, from preponderance, to clear and convincing, to beyond reasonable doubt. Finally we saw how the Court identified "legitimate" interests for the State of Washington in outlawing assisted suicide. We will pick up on Monday with a brief discussion of how Justice Souter's opinion differs from that of the majority. The additional assignment for Monday 10/1 is to read pp. 36-41 of the text, and to write out (for yourselves, not handed in) a case brief of the Katko case.

POS 359 FEDERALISM
In class today, Friday 9/28, we continued with our discussion of the Comstock case. We finished going over the majority's five reasons, and then got through the Kennedy and Alito concurrences. We began going through the Thomas dissent, with which we will continue on Monday. The additional assignment for Monday 10/1 is to read Chief Justice Roberts' discussion of the Necessary and Proper Clause in the Obamacare decision. To find the discussion, go to supremecourt.gov, select Opinions/ Latest Slip Opinions,select R-75, 6/28/12, NFIB v. Sebelius, and read section 2 regarding the Necessary and Proper Clause, pp. 27-30 of the Roberts opinion pagination.

POS 359 THE CURRENT SUPREME COURT TERM
In class today, Friday 9/28, we continued our discussion of the Grutter case. We outlined the O'Connor majority decision, seeing how she held that student body diversity was a compelling interest, and that the school's program was narrowly tailored to achieve that interest. The assignment for Monday 10/1 is to read the remainder of the Grutter opinions.


Monday, September 24, 2012

September 24, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday, 9/24, we continued going over the Glucksberg case brief. We got as far as the first issue that the Court dealt with, the question of whether the right to assist a suicide was a fundamental right. We will continue with the next issue, the use of precedent, when I am next in class, which will be on Friday 9/28. On Wednesday 9/26 (another religious holiday for me), the class will watch the next part of the PBS Supreme Court series, this one about the recognition of individual liberties.

POS 359 FEDERALISM
In class today, Monday, 9/24, we started going over the Comstock decision. I began with the background of the case of Kansas v, Hendricks, in which the Court conservatives fought back a challenge to the state assertion of power to lock up sexual predators under the ex post facto prohibition. We got as far in Comstock as the fourth of Justice Breyer's justification for the use of the Necessary and Proper clause, that there is no great threat in this case to state sovereignty. We will continue with the rest of the Breyer opinion, the concurrences, and the dissent, when I am next in class, which will be on Friday 9/28. On Wednesday 9/26 (another religious holiday for me), the class will watch the next part of the Founding Brothers series, this one starting with the Adams presidency and continuing on from there with the story of Federalists versus Jeffersonians, with many interesting twists.

POS 359 THE CURRENT SUPREME COURT TERM
In class today, Monday 9/24, I began class by going over the 1978 Bakke case, and then the two 2003 University of Michigan cases that were decided by 5-4 votes, Gratz and Grutter. We went through the lineup of Justices in all three cases, and also talked about how strict scrutiny was used in the analysis. We will continue with Grutter when I am next in class, which will be on Friday 9/28. On Wednesday 9/26 (another religious holiday for me), the class will watch the next part of the PBS Supreme Court series, this one about the creation of substantive due process and the protection of economic interests. The additional reading for Friday 9/28 is to read the dissents of Justice Scalia and Justice Kennedy in Grutter (or, go ahead and read all of the opinions).

Friday, September 21, 2012

September 21, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 9/21, I distributed one handout, an opinion piece about assisted suicide. We finished with the Brown v. EMA Supreme Court opinions, going over Justice Alito's concurring opinion, and then the Justice Thomas and the Justice Breyer dissents. Then we got a brief start on the Glucksberg case brief, getting only as far as the first segments of the "Parties" category. We will continue with the Glucksberg case brief on Monday. The assignment for Monday 9/24 is to continue working on the Glucksberg case brief.

POS 359 FEDERALISM
In class today, Friday 9/21, we finished our discussion of MCCullough v. Maryland. We went through the various arguments made by Maryland both about the scope of the Necessary and Proper Clause, and the taxing power of the state. The assignment for Monday 9/24 is to read and prepare to discuss the United States v. Comstock (pp. 485-496 of the text). In your reading, be prepared to go paragraph by paragraph to put into English the argument that's being made, and the answer that's being given by the various Justices.

POS 359 THE CURRENT SUPREME COURT TERM
In class today, Friday 9/21, I distributed two handouts: one was an article by Linda Greenhouse discussing how Constitution Day may be unconstitutional under the June Affordable Care Act decision, and the other was the Official Ballot for the case that the class will tackle. After some explanation of the different cases in the Court's October Term, the class chose the case of Fisher v. University of Texas for "our" case. The assignment for Monday September 24th is to read the case that supplies the grounds on which Fisher will be argued, Grutter v. Bollinger, 539 US 306 (2003). You can Google the case for a number of sites on which the decision is reported. One that I find particularly useful is the Cornell University site (Legal Information Institute) as it separates out the various opinions. Read for Monday at least Justice O'Connor's majority opinion, although we will get eventually get to all of the opinions.

Wednesday, September 19, 2012

September 19, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 9/19, we finished going over the VSDA opinion and case brief. We discussed the concept of dictum, and also mandatory v. persuasive authority, as well as following. distinguishing and overruling precedent. I then began going over the subsequent U.S. Supreme Court decision in the same violent video case, getting through the majority opinion by Justice Scalia. We will continue on Friday with the concurring opinion, as well as the two dissenting opinions. The assignment for Friday 9/21 is to read the Glucksberg case (through p. 32 of the text). Then write out your version of the case brief of the majority opinion in the case (Rehnquist's opinion). Even though you are writing the brief, it will not be collected or graded. Also add a sentence or two about how Justice Souter's opinion differs from the majority, even though it comes to the same judgment (which side wins).

POS 359 FEDERALISM
In class today, Wednesday 9/19, we continued with our dissection of the McCullough opinion. We got as far as the point that "necessary" does not mean "absolutely necessary". We will pick up at that point on Friday. The assignment for Friday 9/21 is to review the McCullough opinion again, outlining the arguments made by the state and Marshall's response to those arguments.

POS 359 THE CURRENT SUPREME COURT TERM
In class today, Wednesday 9/19, we continued with our discussion of the Greenhouse book. I took a close look at the 2003 Hibbs case, in which the Court approved of Congress' abrogation of state sovereign immunity under one part of the Family and Medical Leave Act, versus the 2012 Coleman v. Court of App. of Md. case, in which the Court voted 5-4 against Congress' power to do the same thing under another part of the same law. We also looked at how the Court's distinction between the two situations made no sense to at least 5 members of the Court, and probably to all nine. On Friday 9/21 we will move to the oral arguments scheduled for the first two weeks of the Court's calendar. There is no reading required for Friday's class, but you certainly are invited to research the upcoming cases yourselves by going to the supremecourt.gov site, selecting "merits briefs", then "online merits briefs", and the "October 2012".

Friday, September 14, 2012

September 14, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 9/14, I distributed one handout, my version of the VSDA case brief. We spent most of the class continuing through that brief, getting through the issues of what the standard should be for judging this restriction on free speech (strict scrutiny v. rational basis) and whether the state had demonstrated that violent video games in fact cause harm to minors. We also went over the meaning of de novo review following summary judgment, as well as the three judge panels and en banc review in the U.S. Courts of Appeal. We will finish the brief next time that I meet with you, which will be Wednesday 9/19. The class will meet on Monday 9/17 in my absence (religious holiday) and will watch a program on the birth of substantive due process. The class will start a few minutes early on Monday to accommodate the 57 minute length of the program. The additional reading for Wednesday 9/19 is to read through p. 25 (up to Glucksberg).

POS 359 FEDERALISM
In class today, Friday 9/14, we first continued with a comparison of the Articles of Confederation v. the Constitution, focussing on the increased power of the federal government over taxation, trade, war and implied powers. We began our discussion of McCullough by looking at what the U.S. had done in chartering a national bank, and why corporations exist in the first place. We then began our detailed discussion of McCullough, looking at the types of argument that Marshall made, as well as why he was addressing some of the issues that he might have skipped. We will continue with McCullough the next time that I meet with you, which will be Wednesday 9/19. The class will meet on Monday 9/17 in my absence (religious holiday) and will watch a program on the "Founding Brothers". The assignment for Wednesday 9/19 is to re-read McCullough, finding the structure to the opinion (the outline of the opinion), as well as the techniques that Marshall used to make his argument.


POS 359 THE CURRENT SUPREME COURT TERM
In class today, Friday 9/14, we first talked about Congress' power to legislate under the 14th amendment. We talked about the history of the strict scrutiny test for free exercise of religion, and then how the Smith case overturning that, and then Congress overturning the Smith outcome with the RFRA, and then the Supreme Court striking down that Congressional attempt to decide the constitutional standard. We also talked about the use of precedent generally. We will continue with our discussion of the Greenhouse book the next time that I meet with you, which will be Wednesday 9/19. The class will meet on Monday 9/17 in my absence (religious holiday) and will watch a program on the beginnings of the Supreme Court. The assignment for Wednesday 9/19 is to finish the Greenhouse book. Class on Monday will begin at 1:00 instead of 1:10 in order to accommodate the length of the program.

Wednesday, September 12, 2012

September 12, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 9/12, we started going over the briefing of the VSDA case. We first covered citation form, including the organization of the federal court system, the various treatment of the order of the naming of the parties, and the various publications that report decisions in the federal court system. We also went over original objective, cause of action, trial court defense and prior proceeding. We will pick up with present proceedings on Friday. The assignment for Friday 9/14 is to continue working on the VSDA case brief.

POS 359 FEDERALISM
In class today, Wednesday 9/12, we went over some differences between the Articles of Confederation versus the Constitution. We covered Articles I, II, and part of III, finding their analog in the Constitution. We will continue with this comparison (perhaps in less detail) on Friday. The additional assignment for Friday 9/14 is to read pp. 61-73 of the text.

POS 359 THE CURRENT SUPREME COURT TERM
In class today, Wednesday 9/12, I distributed one handout, the list of oral arguments for the October 1 session of the Supreme Court. We continued our discussion of the Greenhouse book, going over the distinction between cases that raise statutory issues versus constitutional issues, and I went over three distinct types of constitutional issues: individual rights versus government control, federal power versus state power, and separation of power questions between the three branches of government. We also discussed the power of the Congress to strip the federal courts of jurisdiction over specific types of cases, as well as to decide how the federal court system is organized. The assignment for Friday 9/14 is to read through p. 82 of the text.


Monday, September 10, 2012

September 10, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 9/10, I distributed one handout, a template for briefing a case. We began with a continuation of our discussion of "justice", and I went over two recent cases argued in Maine, which both had defense counsel arguing that the case against the client should be dismissed because the prosecution did not play by the rules. I then went over the way that I will use the term "common law", and the echoes of the courts of equity that survive into our current court organization. I outlined the Maine state court system. The assignment for Wednesday 9/12 is to try to fit the violent video case from the text (previously assigned) into the case brief template that I distributed today.

POS 359 FEDERALISM
In class today, Monday 9/10, I distributed one handout, an article about Paul Ryan's call to let the states decided for themselves whether to allow school prayer. We then spent most of the class going over the structure of the Bill of Rights (applicable only to the federal power) and the 14th Amendment due process clause (which applied many of those Bill of Rights prohibitions to the state power). The assignment for Wednesday 9/12 is to continue your comparison of the Articles of Confederation with the Constitution.

POS 359 THE CURRENT SUPREME COURT TERM
In class today, Monday 9/10, we continued our discussion of the text. I spent most of the class drawing what I saw as the parallel between the Marbury v. Madison decision, and the recent Obamacare decision, in that both gave the immediate victory to the opposite side, while claiming a larger constitutional power for themselves. Since we haven't progressed that far in the text, the only reading assignment is to review the reading previously assigned in the Greenhouse book.

Friday, September 7, 2012

September 7, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 9/7, I took pictures of the class, and hopefully will learn names and faces in a few weeks. We discussed the concept of natural law, and then also the question of how a lawyer can justify doing work (such as criminal defense work) in which success in a case may translate to an "unjust" result for society. The assignment for Monday 9/10 is to read in the textbook pp. 14-22.


POS 359 FEDERALISM
In class today, Friday 9/7, we first discussed classrooms. I am pleased to report that we will be moving class to the Political Science Conference Room on the second floor of N. Stevens, starting Monday 9/10. I'll be e-mailing the class about this change, but please also spread the word to your classmates as you communicate with them. We discussed the constitutional problem with the feds offering a boatload of money to the states (coercive) and also our attitudes to the general idea of federal power versus state power in our government. We then started our discussion of the Articles of Confederation, focussing on the necessity of an express grant of power to the feds. We will continue with our discussion of the Articles on Monday. In addition, read the U.S. Constitution, found in the beginning of our text, and compare the Articles with the Constitution.


POS 359 THE CURRENT SUPREME COURT TERM
In class today, Friday 9/7, we started a discussion of some of the concepts mentioned in the text. We discussed judicial activism, and judicial review. We will continue with that discussion next week. The additional assignment for Monday 9/10 is to read through p. 58 of the text.

Wednesday, September 5, 2012

September 5, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 9/5, I distributed one handout, the class Syllabus. We went over that Syllabus, and also discussed the legal profession and law schools a bit. The assignment for Friday 9/7 is to read and prepare to discuss pp. 1-14 of the text.

POS 359 FEDERALISM
In class today, Wednesday 9/5, I distributed two handouts, the class Syllabus and the Articles of Confederation. We went over that Syllabus, and also discussed the federalism aspects of June's Obamacare Supreme Court decision. I left that discussion with the class in suspense about how the offer of a boatload of money by the Feds to the states could be unconstitutional. I also went over how I came to develop my world view as the Feds being the good guys, with the assertion of states' rights being the bad guys (see Orval Faubus, September 1957). The assignment for Friday 9/7 is to read and prepare to discuss the Articles of Confederation, and also prepare to discuss your own views about good guys and bad guys.

POS 359 THE CURRENT SUPREME COURT TERM
In class today, Wednesday 9/5, I distributed two handouts, the class Syllabus and the list of Justices/Websites. We went over that Syllabus, and also went over a short history of each of the Justices. The assignment for Friday 9/7 is to read and prepare to discuss pp. 1-24 of the Greenhouse book (our text).