POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 3/29, I first talked about my plan to assign the next brief on or before Friday 4/5, to be due Friday 4/12. We then discussed legal ethics for lawyers. We went over the 2011 case of Maine Board of Overseers of the Bar v. Warren, in which the Maine Supreme Court looked at the ethical rule that compels Maine lawyers to disclose the dishonesty of other lawyers. We then discussed the Caperton case, focusing on the test that the Court created, and then how they applied that new test. I will start Monday by going over the dissenting opinion in Caperton, as will as some background to the case. The additional assignment for Monday 4/1 is to read through p. 97 of the text (Gonzales v. Raich).
POS 384 CIVIL LIBERTIES
In class today, Friday 3/29, I began by making a flow chart regarding protected speech that gave some structure to the list that the textbook provides on p. 328-329. We went over the O'Brien case, focusing on the test that the Court created, and then how they applied that new test. We started on the structure of the Court's decision in Texas v. Johnson. We will begin on Monday with an analysis of how the two justifications given by Texas for their law were dealt with in the Court's opinion. The additional assignment for Monday 4/1 is read through p. 244 of the text (Chaplinsky and Cohen).
Friday, March 29, 2013
Wednesday, March 27, 2013
March 27, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 3/27, we started with a quick look at some language in Maine releases of liability. We then went through a brief of the Reardon case, focusing on those facts that led the Court to its conclusion about the public policy of Connecticut. We also talked about how variations in those facts might lead the Court to a different conclusion. On Friday, 3/29 we will finish Chapter 2 of the text, including the Caperton case, previously assigned.
POS 384 CIVIL LIBERTIES
In class today, Wednesday 3/27, we started with a quick look at at the Supreme Court's cases this week on same-sex marriage, and what the various options were for the Court in those cases. I discussed the case of 1957 Supreme Court cases of Yates v. U.S. We went through the Brandenburg decision. The assignment for Friday, 3/29 is to read through p. 238 of the text.
In class today, Wednesday 3/27, we started with a quick look at some language in Maine releases of liability. We then went through a brief of the Reardon case, focusing on those facts that led the Court to its conclusion about the public policy of Connecticut. We also talked about how variations in those facts might lead the Court to a different conclusion. On Friday, 3/29 we will finish Chapter 2 of the text, including the Caperton case, previously assigned.
POS 384 CIVIL LIBERTIES
In class today, Wednesday 3/27, we started with a quick look at at the Supreme Court's cases this week on same-sex marriage, and what the various options were for the Court in those cases. I discussed the case of 1957 Supreme Court cases of Yates v. U.S. We went through the Brandenburg decision. The assignment for Friday, 3/29 is to read through p. 238 of the text.
Monday, March 25, 2013
March 25, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 3/25, I began with a rundown of the same-sex marriage cases that the Supreme Court will hear this week, looking especially at how the language in Lawrence might impact those cases. We then went over three Maine cases regarding waivers of liability, discussing Doyle v. Bowdoin College, Waterhouse v. Lea, and Lloyd v. Sugarloaf. We will pick up with the textbook Reardon case on Wednesday. The assignment for Wednesday 3/27 is to read through p. 80 of the text.
POS 384 CIVIL LIBERTIES
In class today, Monday 3/25, we began by reviewing those factors (imminence and likelihood) that Holmes and Brandeis in Gitlow had thought to be necessary for a conviction, and which the majority had thought to be unnecessary. We discussed how deference to Congress and the states also became a battleground for differing interpretations of Free Speech. We went through the four opinions in Dennis, stressing the ways in which they clashed with each other. I will start on Wednesday with a brief discussion of the 1957 Yates case, which also interpreted the Smith Act. The assignment fro Wednesday 3/27 is to read through p. 233 of the text.
In class today, Monday 3/25, I began with a rundown of the same-sex marriage cases that the Supreme Court will hear this week, looking especially at how the language in Lawrence might impact those cases. We then went over three Maine cases regarding waivers of liability, discussing Doyle v. Bowdoin College, Waterhouse v. Lea, and Lloyd v. Sugarloaf. We will pick up with the textbook Reardon case on Wednesday. The assignment for Wednesday 3/27 is to read through p. 80 of the text.
POS 384 CIVIL LIBERTIES
In class today, Monday 3/25, we began by reviewing those factors (imminence and likelihood) that Holmes and Brandeis in Gitlow had thought to be necessary for a conviction, and which the majority had thought to be unnecessary. We discussed how deference to Congress and the states also became a battleground for differing interpretations of Free Speech. We went through the four opinions in Dennis, stressing the ways in which they clashed with each other. I will start on Wednesday with a brief discussion of the 1957 Yates case, which also interpreted the Smith Act. The assignment fro Wednesday 3/27 is to read through p. 233 of the text.
Friday, March 22, 2013
March 22, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
IN class today, Friday 3/22, I distributed two handouts: an excerpt from Bowers v. Hardwick, and the federal Defense of Marriage Act. We went over the Bowers decision, and then the Lawrence decision. We looked at both the level of review (strict scrutiny or not), and the quewtion of morality as a legitimate state interest. We will begin on Monday with a discussion of the two same-sex marriage that will be argued in the Supreme Court next week. The assignment for Monday 3/25 is to read through p. 75 of the text.
POS 384 CIVIL LIBERTIES
IN class today, Friday 3/22,I distributed one handout, the text of the Smith Act. I tried to clarify my views on Holmes' Schenck and Abrams opinions, and we then discussed the Gitlow case, looking at how the majority and Holmes parted company. The assignment for Monday 3/25 is to re-read through the Dennis case (p.222), previously assigned.
IN class today, Friday 3/22, I distributed two handouts: an excerpt from Bowers v. Hardwick, and the federal Defense of Marriage Act. We went over the Bowers decision, and then the Lawrence decision. We looked at both the level of review (strict scrutiny or not), and the quewtion of morality as a legitimate state interest. We will begin on Monday with a discussion of the two same-sex marriage that will be argued in the Supreme Court next week. The assignment for Monday 3/25 is to read through p. 75 of the text.
POS 384 CIVIL LIBERTIES
IN class today, Friday 3/22,I distributed one handout, the text of the Smith Act. I tried to clarify my views on Holmes' Schenck and Abrams opinions, and we then discussed the Gitlow case, looking at how the majority and Holmes parted company. The assignment for Monday 3/25 is to re-read through the Dennis case (p.222), previously assigned.
Wednesday, March 20, 2013
March 20, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 3/20, I distributed one handout, the Maine statute about common law crimes and about mandated reporting of child abuse. We discussed the handout from last time, the Maine statute about hindering apprehension, and saw how it might apply to the Mobbley situation. We then went over the Holland case, and contrasted it with Maine law. We also looked at the Massachusetts reporting statute in the text. We will pick up with the Lawrence case on Friday. The assignment for Friday 3/22 is to review Lawrence v. Texas (previously assigned), looking for the specific issue and holding of the Court in that case.
POS 384 CIVIL LIBERTIES
In class today, Wednesday 3/20, we went over Schenck and Abrams, paying particular attention to how Holmes could find his own views in those cases to be internally consistent. We looked at the particular sections of the federal statute that were violated, and we discussed the actions of the United States that were challenged by the pamphlets in question. We looked at how the big questions in Schenk and Gitlow (prior restraint and incorporation) were dealt with as assumptions by the Court. We began our discussion of Gitlow, and will pick up on Friday with the precise legal question addressed by the majority in Gitlow. The assignment for Friday 3/22 is to read and prepare to discuss through p. 222 of the text.
In class today, Wednesday 3/20, I distributed one handout, the Maine statute about common law crimes and about mandated reporting of child abuse. We discussed the handout from last time, the Maine statute about hindering apprehension, and saw how it might apply to the Mobbley situation. We then went over the Holland case, and contrasted it with Maine law. We also looked at the Massachusetts reporting statute in the text. We will pick up with the Lawrence case on Friday. The assignment for Friday 3/22 is to review Lawrence v. Texas (previously assigned), looking for the specific issue and holding of the Court in that case.
POS 384 CIVIL LIBERTIES
In class today, Wednesday 3/20, we went over Schenck and Abrams, paying particular attention to how Holmes could find his own views in those cases to be internally consistent. We looked at the particular sections of the federal statute that were violated, and we discussed the actions of the United States that were challenged by the pamphlets in question. We looked at how the big questions in Schenk and Gitlow (prior restraint and incorporation) were dealt with as assumptions by the Court. We began our discussion of Gitlow, and will pick up on Friday with the precise legal question addressed by the majority in Gitlow. The assignment for Friday 3/22 is to read and prepare to discuss through p. 222 of the text.
Monday, March 18, 2013
March 18, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 3/18, I distributed one handout, the Maine statute regarding hindering apprehension. We went over the Mobbley case, and also talked about how the defense might make an argument for Ms. Mobbley's acquittal once the case is tried. On Wednesday we will review the Maine statute, both in terms of its operation, and whether it should provide the same kind of immunity that the New Mexico statute does. The additional assignment for Wednesday 3/20 is to read and prepare to discuss through p. 70 of the text.
POS 384 CIVIL LIBERTIES
In class today, Monday 3/18, I distributed one handout, the Maine constitutional provision regarding freedom of speech. We discussed the concept of prior restraint, and looked at how it might apply both to the words of the Maine constitution, and to the Alien and Sedition Act of 1798. We also looked at the Court's treatment of prior restraint in the Schenck opinion. I also went over the recent U.S. District Court case of in re National Security Letter, as well as the 1965 case of Freedmand v. Maryland, and the Pentagon Papers case. We will pick up with the remainder of the Schenck case on Wednesday. The additional assignment for Wednesday 3/20 is to read through p. 210 of the text.
In class today, Monday 3/18, I distributed one handout, the Maine statute regarding hindering apprehension. We went over the Mobbley case, and also talked about how the defense might make an argument for Ms. Mobbley's acquittal once the case is tried. On Wednesday we will review the Maine statute, both in terms of its operation, and whether it should provide the same kind of immunity that the New Mexico statute does. The additional assignment for Wednesday 3/20 is to read and prepare to discuss through p. 70 of the text.
POS 384 CIVIL LIBERTIES
In class today, Monday 3/18, I distributed one handout, the Maine constitutional provision regarding freedom of speech. We discussed the concept of prior restraint, and looked at how it might apply both to the words of the Maine constitution, and to the Alien and Sedition Act of 1798. We also looked at the Court's treatment of prior restraint in the Schenck opinion. I also went over the recent U.S. District Court case of in re National Security Letter, as well as the 1965 case of Freedmand v. Maryland, and the Pentagon Papers case. We will pick up with the remainder of the Schenck case on Wednesday. The additional assignment for Wednesday 3/20 is to read through p. 210 of the text.
Friday, March 1, 2013
March 1, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 3/1, I handed back the exams, and we went over them. The assignment for Monday 3/18 is to read through the Mobbley case, (p. 62) previously assigned. Have a fun and safe Spring break.
POS 384 CIVIL LIBERTIES
In class today, Friday 3/1, I handed back the exams, and we went over them. The assignment for Monday 3/18 is to read pp. 197-205 (through Abrams). Have a fun and safe Spring break.
In class today, Friday 3/1, I handed back the exams, and we went over them. The assignment for Monday 3/18 is to read through the Mobbley case, (p. 62) previously assigned. Have a fun and safe Spring break.
POS 384 CIVIL LIBERTIES
In class today, Friday 3/1, I handed back the exams, and we went over them. The assignment for Monday 3/18 is to read pp. 197-205 (through Abrams). Have a fun and safe Spring break.
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