Thursday, September 18, 2014

September 18, 2014

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 9/18, we went through the Miller case and put it into outline form. We looked at the two lines of precedent cited by Justice Kagan and how they were applied to the facts of these two cases. We then looked at Breyer's concurrence, and Roberts' dissent We will begin on Tuesday with the second point of Roberts' dissent, the question of deference to the legislative branch, and then go through the other two dissenting opinions. We will also look at Maine's Sentencing Statute, previously distributed. The additional assignment for Tuesday 9/23 is to read in the text through p. 34 (Gluckberg).


POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 9/18, I distributed two handouts: the Florida v. Jardines opinion, and my model outline and outline format for the majority opinion in Jardines. We talked about the issue in this 2013 case about the use of drug-sniffing dogs, and then went through the outline of the majority's opinion. We compared the votes of the Justices in Jardines versus Jones. We also discussed the Oliver case involving open fields. We then saw what arguments we could anticipate that the Jardines dissenters would make. The assignment for Tuesday 9/23 is to read the entire Jardines opinion handout. Be prepared to discuss (but you don't need to outline) the concurring opinion. Outline the dissenting opinion, following the format of the model outline I distributed today. This outline will not be handed in or graded, but it will be the practice in this format before I assign the outline that will be graded.

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