POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 12/11, I distributed one handout, Maine and Federal statutes regarding adoption, same-sex marriage, and recognition of same-sex marriage. We went over the Finstuen case, and then I talked about another adoption/ birth certificate case, Adar v. Smith. Finally, we went over the statutory handout, looking at Maine law regarding adoption, new birth certificates, and same-sex marriage and recognition of marriage, and the federal law (DOMA) regarding recognition of same-sex marriage. Exam #2 will be Thursday 12/18 from 9:30-10:45. If you are missing any handouts, email me with what you need no later than 8:00 pm on Wednesday 12/17.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 12/11, we first finished our discussion of the concurring and dissenting opinions in Richmond Newspapers. I then went over the 12/9 Supreme Court decision in Warger v. Shauers about juror dishonesty during voire dire. We then went into the Confrontation Clause cases, beginning with 1980 Ohio v. Roberts, then 2004 Crawford v. Washington, 2006 Davis v. Washington and Hammon v. Indiana, 2011 Michigan v. Bryant, and finally this term's Ohio v. Clark. Exam #2 will be Thursday 12/18 from 12:15-1:30. If you are missing any handouts, email me with what you need no later than 8:00 pm on Wednesday 12/17.
Thursday, December 11, 2014
Tuesday, December 9, 2014
December 9, 2014
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 12/9, we finished our discussion of Hubbard v. Greeson, and then examined Land v. Yamaha. Regarding Land, we first talked about the Erie Doctrine. We then went over the two bases of federal court jurisdiction, federal question jurisdiction and diversity jurisdiction. We also went through the difference between a Statute of Repose versus a Statute of Limitations. We saw how, in Land, the federal courts ended up applying the Indiana conflict of law rule created in Hubbard v. Greeson. Finally, I discussed the Maine case of Collins v. Trius, in which the Maine Supreme Court applied the Restatement test to decide whether to apply Maine or Canadian law regarding a limitation on damages. The assignment for Thursday 12/11 is to finish Chapter III (Finstuen).
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 12/9, I distributed one handout, an excerpt from the Maine Rules of Professional Conduct regarding publicity in a case. We began our discussion by going over the cases (from the text) that expanded Batson to additional settings. We then went over the Sheppard case, looking at both what the Court decided, and what it left undecided. We looked at the handout, and how far Maine lawyers are allowed to go in trying their cases in the press before they are subject to punishment. I went through the case of Gannett v. DePasquale (from the text) that said that there was no right of the press to attend and report on court proceedings, and then we discussed Richmond Newspapers v. Virginia, which had a different view. We got as far as Brennan's concurrence in Richmond Newspapers, which is where we'll pick up on Thursday. The additional assignment for Thursday 12/11 is to read in the text through p. 573 (up to the 8th Amendment).
In class today, Tuesday 12/9, we finished our discussion of Hubbard v. Greeson, and then examined Land v. Yamaha. Regarding Land, we first talked about the Erie Doctrine. We then went over the two bases of federal court jurisdiction, federal question jurisdiction and diversity jurisdiction. We also went through the difference between a Statute of Repose versus a Statute of Limitations. We saw how, in Land, the federal courts ended up applying the Indiana conflict of law rule created in Hubbard v. Greeson. Finally, I discussed the Maine case of Collins v. Trius, in which the Maine Supreme Court applied the Restatement test to decide whether to apply Maine or Canadian law regarding a limitation on damages. The assignment for Thursday 12/11 is to finish Chapter III (Finstuen).
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 12/9, I distributed one handout, an excerpt from the Maine Rules of Professional Conduct regarding publicity in a case. We began our discussion by going over the cases (from the text) that expanded Batson to additional settings. We then went over the Sheppard case, looking at both what the Court decided, and what it left undecided. We looked at the handout, and how far Maine lawyers are allowed to go in trying their cases in the press before they are subject to punishment. I went through the case of Gannett v. DePasquale (from the text) that said that there was no right of the press to attend and report on court proceedings, and then we discussed Richmond Newspapers v. Virginia, which had a different view. We got as far as Brennan's concurrence in Richmond Newspapers, which is where we'll pick up on Thursday. The additional assignment for Thursday 12/11 is to read in the text through p. 573 (up to the 8th Amendment).
Thursday, December 4, 2014
December 4, 2014
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 12/4, we first went over the Strunk case. We then began our discussion of Hubbard v. Greeson and the subject of conflict of law rules. We admired the work of Greeson's attorney in deciding to bring the case in Indiana so that Indiana courts would apply Illinois substantive law. We will pick up next week with how it all went terribly wrong. The additional assignment for Tuesday 12/9 is to read in the text pp. 144-146 (the Erie doctrine and Land v. Yamaha). I distributed copies of Land to those students who were in class but had purchased the text online by chapters (and had not purchased Chapter IV). (If you were not in class and do not have access to Chapter IV of the text, I left a few extra copies of Land in my mailbox in the Political Science Office, directly across the hall from our classroom).
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 12/4, i distributed one handout, an excerpt from the Maine Rules of Criminal Procedure regarding jury size, unanimity, and use of peremptory challenges, and we went over that handout. I talked about two 2012 Supreme Court opinions regarding effective assistance of counsel during plea bargaining, Lafler v. Cooper and Missouri v. Frye. We then went over the Batson case and the use of peremptory challenges by the prosecution against black jurors in a trial against a black defendant. We will begin on Tuesday with a look at how Batson got expanded to other circumstances. We'll then look at public trials and the press. The assignment for Tuesday 12/9 is to review Sheppard v. Maxwell (previously assigned) and to read as well Richmond Newspapers v. Virginia, through p. 569 of the text.
In class today, Thursday 12/4, we first went over the Strunk case. We then began our discussion of Hubbard v. Greeson and the subject of conflict of law rules. We admired the work of Greeson's attorney in deciding to bring the case in Indiana so that Indiana courts would apply Illinois substantive law. We will pick up next week with how it all went terribly wrong. The additional assignment for Tuesday 12/9 is to read in the text pp. 144-146 (the Erie doctrine and Land v. Yamaha). I distributed copies of Land to those students who were in class but had purchased the text online by chapters (and had not purchased Chapter IV). (If you were not in class and do not have access to Chapter IV of the text, I left a few extra copies of Land in my mailbox in the Political Science Office, directly across the hall from our classroom).
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 12/4, i distributed one handout, an excerpt from the Maine Rules of Criminal Procedure regarding jury size, unanimity, and use of peremptory challenges, and we went over that handout. I talked about two 2012 Supreme Court opinions regarding effective assistance of counsel during plea bargaining, Lafler v. Cooper and Missouri v. Frye. We then went over the Batson case and the use of peremptory challenges by the prosecution against black jurors in a trial against a black defendant. We will begin on Tuesday with a look at how Batson got expanded to other circumstances. We'll then look at public trials and the press. The assignment for Tuesday 12/9 is to review Sheppard v. Maxwell (previously assigned) and to read as well Richmond Newspapers v. Virginia, through p. 569 of the text.
Tuesday, December 2, 2014
December 2, 2014
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 12/2, we first looked at how some of the concepts of Chapter III had been exemplified in the State v. Brown case that we briefed. We also talked about how the ex post facto prohibition worked generally, and specifically in the case of sex offender registries. We then went through the Butler case, both the majority and the dissent. I discussed the lineup of Justices in the Miranda opinion itself, and then the lineup in the case of Harris v. N.Y, in which the U.S. Supreme Court tackled the same issue as the Ohio court had confronted in Butler. We then moved on to retroactive application of court decisions and the Dempsey case. I made a chart of the four U.S. Supreme Court opinions that the Montana Dempsey Court looked at, why the Montana court was free to decided this issue for itself after the U.S. Supreme Court had ruled, and how the Montana court did in the end decide the issue. The assignment for Thursday 12/4 is to read in the text through p. 116 (Strunk and Hubbard).
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 12/2, we discussed the two assigned cases regarding the right to counsel. I began by giving some background to the Powell case, going over the history of the Scottsboro Boys Case multiple trials. We went over the majority and dissenting opinions in Powell. We then saw how Gideon v. Wainwright expanded that right to cases that did not require "special circumstances". The assignment for Thursday 12/4 is to read in the text through p. 566 of the text (Batson and Sheppard).
In class today, Tuesday 12/2, we first looked at how some of the concepts of Chapter III had been exemplified in the State v. Brown case that we briefed. We also talked about how the ex post facto prohibition worked generally, and specifically in the case of sex offender registries. We then went through the Butler case, both the majority and the dissent. I discussed the lineup of Justices in the Miranda opinion itself, and then the lineup in the case of Harris v. N.Y, in which the U.S. Supreme Court tackled the same issue as the Ohio court had confronted in Butler. We then moved on to retroactive application of court decisions and the Dempsey case. I made a chart of the four U.S. Supreme Court opinions that the Montana Dempsey Court looked at, why the Montana court was free to decided this issue for itself after the U.S. Supreme Court had ruled, and how the Montana court did in the end decide the issue. The assignment for Thursday 12/4 is to read in the text through p. 116 (Strunk and Hubbard).
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 12/2, we discussed the two assigned cases regarding the right to counsel. I began by giving some background to the Powell case, going over the history of the Scottsboro Boys Case multiple trials. We went over the majority and dissenting opinions in Powell. We then saw how Gideon v. Wainwright expanded that right to cases that did not require "special circumstances". The assignment for Thursday 12/4 is to read in the text through p. 566 of the text (Batson and Sheppard).
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