POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 12/12, I distributed one handout, an excerpt from the Maine Rules of Civil Procedure regarding service of process. We began by discussing the assigned case from Chapter 5, Dorsey v. Gregg. We then went over the similar Maine Rules of Civil Procedure regarding service of process. I discussed a Maine service of process case, Brown v. Thaler, which also discussed the conflict between actual notice versus the need to follow the rules. We then returned to and covered the three Chapter 4 cases regarding subject matter jurisdiction in the federal court system (both federal question and diversity) Kopp, Gebbia, and Gilmore. The exam will be on Thursday 12/19 at 9:30, open book and open note. It will be for 75 minutes. If you are missing any of the handouts from class, email me no later than Wednesday night, as I will only bring extra copies for those who have requested them.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 12/12 we first watched a clip from the movie Fracture that raised questions of the meaning of the Double Jeopardy clause. We then discussed the 1970 case of Ashe v. Swenson, which answered some questions about the meaning of the "same offense" phrase of Double Jeopardy. We looked at the majority decision, the concurrence, and the dissent. I then discussed two recent Double Jeopardy Supreme Court cases, Blueford v. Arkansas and Evans v. Michigan, covering again the majority and dissenting opinions. The exam will be on Thursday 12/19 at 12:15 (not 12:30), open book and open note. It will be for 75 minutes. If you are missing any of the handouts from class, email me no later than Wednesday night, as I will only bring extra copies for those who have requested them.
Thursday, December 12, 2013
Tuesday, December 10, 2013
December 10, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 12/10, I first went over additional cases dealing with personal jurisdiction. I discussed the U.S. Supreme Court case of McIntyre v. Nicastro, going over the differing views of the plurality, the concurrence, and the dissenting Justices. I then went over the background to a current personal jurisdiction case of Walden v. Fiore. We listened to an excerpt of the oral argument in that case, which was heard in front of the U.S. Supreme Court in November. The assignment for Thursday 12/12 is to finish Chapter 4 of the text, and to read in addition pp. 158 - 162.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 12/10, I talked about additional aspects of capital punishment and other 8th Amendment concerns. I went over categories of defendants: retarded (Atkins and Hall v. Crews); juveniles (Thompson v. Oklahoma, Roper v. Simmons, Graham v. Florida, and Miller v. Alabama);and the insane (Delling v. Idaho, Dusky v. U.S. Ford v. Wainwright, and Panetti v. Quarterman). I then discussed types of offenses: non-homicide (Coker v. Georgia, Kennedy v. Louisiana); and felony murder (Enmund v. Florida, and Tison v. Arizona). On Thursday we will discuss the Double Jeopardy clause and the cases interpreting it.
In class today, Tuesday 12/10, I first went over additional cases dealing with personal jurisdiction. I discussed the U.S. Supreme Court case of McIntyre v. Nicastro, going over the differing views of the plurality, the concurrence, and the dissenting Justices. I then went over the background to a current personal jurisdiction case of Walden v. Fiore. We listened to an excerpt of the oral argument in that case, which was heard in front of the U.S. Supreme Court in November. The assignment for Thursday 12/12 is to finish Chapter 4 of the text, and to read in addition pp. 158 - 162.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 12/10, I talked about additional aspects of capital punishment and other 8th Amendment concerns. I went over categories of defendants: retarded (Atkins and Hall v. Crews); juveniles (Thompson v. Oklahoma, Roper v. Simmons, Graham v. Florida, and Miller v. Alabama);and the insane (Delling v. Idaho, Dusky v. U.S. Ford v. Wainwright, and Panetti v. Quarterman). I then discussed types of offenses: non-homicide (Coker v. Georgia, Kennedy v. Louisiana); and felony murder (Enmund v. Florida, and Tison v. Arizona). On Thursday we will discuss the Double Jeopardy clause and the cases interpreting it.
Thursday, December 5, 2013
December 5, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 12/5, we began by differentiating the concepts of venue versus subject matter jurisdiction. We then looked at the Cheap Escape case, and how the Ohio Supreme Court interpreted the jurisdictional language in the Ohio statute. I discussed two additional subject matter jurisdiction cases, Landmark Realty v. Leasure from the Maine Supreme Court, and Bowles v. Russell from the U.S. Supreme Court. We discussed the significance of the designation as "subject matter" for the consequence of whether such jurisdiction can be waived by consent of the parties or failure to object, or excusable neglect. We looked at Rule 12 of the Maine Rules of Civil Procedure regarding motions to dismiss a case based on subject matter jurisdiction, and then based on jurisdiction over the person. We discussed the concept of personal jurisdiction, and went over Robey v. Hinners in the text. I will pick up by going over some U.S. Supreme Court and Maine Supreme Court personal jurisdiction cases on Tuesday. The assignment for Tuesday 12/10 is to read and prepare to discuss through p. 142 of the text.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 12/5, we first finished our discussion of the various Gregg v. Georgia opinions. We briefly touched on McClesky v. Kemp regarding discrimination in imposition of the death penalty. We discussed the majority and dissenting opinions in Atkins v. Virginia. Finally, I went over a case that the U.S. Supreme Court will hear oral argument on in March, Hall v. Crews, which asks whether the manner in which Florida determines the definition of mental retardation violates the 8th Amendment. The assignment for Tuesday 12/10 is to read and prepare to discuss through the end of Chapter 12.
In class today, Thursday 12/5, we began by differentiating the concepts of venue versus subject matter jurisdiction. We then looked at the Cheap Escape case, and how the Ohio Supreme Court interpreted the jurisdictional language in the Ohio statute. I discussed two additional subject matter jurisdiction cases, Landmark Realty v. Leasure from the Maine Supreme Court, and Bowles v. Russell from the U.S. Supreme Court. We discussed the significance of the designation as "subject matter" for the consequence of whether such jurisdiction can be waived by consent of the parties or failure to object, or excusable neglect. We looked at Rule 12 of the Maine Rules of Civil Procedure regarding motions to dismiss a case based on subject matter jurisdiction, and then based on jurisdiction over the person. We discussed the concept of personal jurisdiction, and went over Robey v. Hinners in the text. I will pick up by going over some U.S. Supreme Court and Maine Supreme Court personal jurisdiction cases on Tuesday. The assignment for Tuesday 12/10 is to read and prepare to discuss through p. 142 of the text.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 12/5, we first finished our discussion of the various Gregg v. Georgia opinions. We briefly touched on McClesky v. Kemp regarding discrimination in imposition of the death penalty. We discussed the majority and dissenting opinions in Atkins v. Virginia. Finally, I went over a case that the U.S. Supreme Court will hear oral argument on in March, Hall v. Crews, which asks whether the manner in which Florida determines the definition of mental retardation violates the 8th Amendment. The assignment for Tuesday 12/10 is to read and prepare to discuss through the end of Chapter 12.
Tuesday, December 3, 2013
December 3, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 12/3, the class first did teacher evaluations. I distributed one handout, the Maine statutes regarding Maine District Court and Superior Court civil and criminal jurisdiction. We went over the Finstuen adoption case. I then discussed another Court of Appeals case, Adar v. Smith, that came to a different outcome regarding birth certificates after same sex adoptions. We went over a number of issues regarding full faith and credit and same sex relationships. We discussed the surviving part of the federal Defense of Marriage Act (DOMA). We also looked at the Maine statutes regarding adoptions by "husband and wife" and the new definition of "husband and wife" that came with the introduction of same sex marriage in Maine. We discussed the difference between recognition of marriage and recognition of adoptions. We will pick up with the Cheap Escape case on Thursday. The assignment for Thursday 11/5 is to read and prepare to discuss through p. 139 of the text.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 12/3, the class first did teacher evaluations. I distributed one handout, an article about the history of the Furman capital punishment case. We then finished up the Richmond Newspapers case, discussed sentencing discretion and the Booker case, and then went into the history of the Eighth Amendment cases (Solem, Harmelin, Ewing, and Graham). We began our discussion of Gregg v. Georgia, and will pick up with Stewart's justifications for the death penalty on Thursday. The additional assignment for Thursday 12/5 is to read through p. 596 of the text.
In class today, Tuesday 12/3, the class first did teacher evaluations. I distributed one handout, the Maine statutes regarding Maine District Court and Superior Court civil and criminal jurisdiction. We went over the Finstuen adoption case. I then discussed another Court of Appeals case, Adar v. Smith, that came to a different outcome regarding birth certificates after same sex adoptions. We went over a number of issues regarding full faith and credit and same sex relationships. We discussed the surviving part of the federal Defense of Marriage Act (DOMA). We also looked at the Maine statutes regarding adoptions by "husband and wife" and the new definition of "husband and wife" that came with the introduction of same sex marriage in Maine. We discussed the difference between recognition of marriage and recognition of adoptions. We will pick up with the Cheap Escape case on Thursday. The assignment for Thursday 11/5 is to read and prepare to discuss through p. 139 of the text.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 12/3, the class first did teacher evaluations. I distributed one handout, an article about the history of the Furman capital punishment case. We then finished up the Richmond Newspapers case, discussed sentencing discretion and the Booker case, and then went into the history of the Eighth Amendment cases (Solem, Harmelin, Ewing, and Graham). We began our discussion of Gregg v. Georgia, and will pick up with Stewart's justifications for the death penalty on Thursday. The additional assignment for Thursday 12/5 is to read through p. 596 of the text.
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