POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 1/29, we first finished of our discussion of Miller, looking especially at how Roberts' dissent differed from Thomas' dissent. We talked about how they differed in the basic question of what questions to ask in order to figure out the meaning of the words of the constitution. We then looked at the Maine statutes regarding sentencing and binding-over of juveniles. I went over correct Maine citation format for statutes, including titles, sections, sub-sections, paragraphs, and sub-paragraphs. We then turned our attention to the 14th Amendment, starting with the text. We discussed the dismal fate in the Supreme Court of the privileges and immunities clause and the equal protection clause, and the creation of "substantive" due process. We will begin our discussion of Glucksberg (previously assigned) on Tuesday. The assignment for Tuesday 2/3, is to try to put Glucksberg into the format of the case brief template (not handed in or graded).
POS 383 AMERICAN CONSTITUTIONAL LAW
In class today, Thursday 1/29, I distributed one handout, a short article about the constitutionality of the House Speaker's invitation to Israeli Prime Minister Netanyahu to speak to Congress (or is this a power reserved to the executive?). We then went back and finished our discussion of the Elonis "true threat" case, and compared the federal statute with the Maine statute outlawing criminal threatening. We then visited the 4th Amendment, and the current Supreme Court case of Rodriguez v. U.S., in which the Supreme Court will decided on the constitutionality of a traffic stop that is prolonged solely for the purpose of bringing in drug-sniffing dogs. Finally, we talked about the current Supreme Court case that asks whether Oklahoma's cocktail of lethal injections works so poorly that it violates the 8th Amendment ban on cruel and unusual punishments. The assignment for Tuesday 2/3 is to read in the Epstein textbook pp. 325-345.
Thursday, January 29, 2015
Tuesday, January 27, 2015
January 27, 2015
POS 282 INTRODUCTION TO AMERICAN LAW
There is no class today (blizzard) but I know that you're wondering what to do with all that free time. I have a plan: for Thursday 1/29, I'd like you to try your hand at creating a case brief of the Glucksberg case (previously assigned). Use the template that I distributed on 1/15. This will not be collected or graded, but try filling in the segments as described in the template, and we'll go over what you've come up with on Thursday.
POS 383 AMERICAN CONSTITUTIONAL LAW
There is no class today (blizzard) but I know that you're wondering what to do with all that free time. I have a plan: finish reading Epps. Then next week we can start moving on from what the words could mean, to what the Supreme Court has decided that they do mean.
There is no class today (blizzard) but I know that you're wondering what to do with all that free time. I have a plan: for Thursday 1/29, I'd like you to try your hand at creating a case brief of the Glucksberg case (previously assigned). Use the template that I distributed on 1/15. This will not be collected or graded, but try filling in the segments as described in the template, and we'll go over what you've come up with on Thursday.
POS 383 AMERICAN CONSTITUTIONAL LAW
There is no class today (blizzard) but I know that you're wondering what to do with all that free time. I have a plan: finish reading Epps. Then next week we can start moving on from what the words could mean, to what the Supreme Court has decided that they do mean.
Thursday, January 22, 2015
January 22, 2015
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 1/22, I distributed two handouts: one had the Maine sentencing statutes and the Maine juvenile code, and the other was an article by James Swift about the aftermath of the Miller decision. I started with four cases about punishment of juveniles that preceded the Miller decision: Thompson v. OK (1988); Stanford v. KY (1989); Roper v. Simmons (2005); and Graham v. FL (2010). We then went through Kagan's opinion in Miller. concentrating on the structure of her opinion. We went to Breyer's concurrence. We talked about the difference between concurring in a judgment, versus concurring in the opinion. We also talked about the four mental states, in Maine, that go to the level of culpability: intent, knowledge, recklessness, and negligence (as well as strict liability). We finished with Roberts' dissent, and will begin on Tuesday with Thomas' dissent. The homework for Tuesday 1/27 is to review the remainder of Miller, read the two handouts, and read in the text through p. 34 (Glucksberg).
POS 383 AMERICAN CONSTITUTIONAL LAW
In class today, Thursday 1/22, I distributed two handouts: one article by David Graham regarding "nullification" (of gun laws, and same-sex marriages), and the other about the "true threats" case of Elonis v. U.S. We began our discussion with a look at a 2014 case that touched on the hierarchy of the Supremacy clause authority, Bond v. U.S. (the chemical weapons case). We also talked about judicial review, the Supremacy clause, and the article about nullification. We then went on to the First Amendment. We discussed the religion clauses as possibly being just a prohibition against the Congress interfering with what the states wanted to establish or prohibit, and also whether it covered executive power as well as legislative power. I talked about the recent decision in Holt v. Hobbs, which dealt with the Muslim prisoner who claimed the right to have a beard in a prison that forbade it. We started our discussion of Elonis v. U.S., about threats on Facebook. We will pick up with Elonis on Tuesday. The assignment for Tuesday 1/27 is to read in Epps through p. 147 (the rest of the Bill of Rights chapter).
In class today, Thursday 1/22, I distributed two handouts: one had the Maine sentencing statutes and the Maine juvenile code, and the other was an article by James Swift about the aftermath of the Miller decision. I started with four cases about punishment of juveniles that preceded the Miller decision: Thompson v. OK (1988); Stanford v. KY (1989); Roper v. Simmons (2005); and Graham v. FL (2010). We then went through Kagan's opinion in Miller. concentrating on the structure of her opinion. We went to Breyer's concurrence. We talked about the difference between concurring in a judgment, versus concurring in the opinion. We also talked about the four mental states, in Maine, that go to the level of culpability: intent, knowledge, recklessness, and negligence (as well as strict liability). We finished with Roberts' dissent, and will begin on Tuesday with Thomas' dissent. The homework for Tuesday 1/27 is to review the remainder of Miller, read the two handouts, and read in the text through p. 34 (Glucksberg).
POS 383 AMERICAN CONSTITUTIONAL LAW
In class today, Thursday 1/22, I distributed two handouts: one article by David Graham regarding "nullification" (of gun laws, and same-sex marriages), and the other about the "true threats" case of Elonis v. U.S. We began our discussion with a look at a 2014 case that touched on the hierarchy of the Supremacy clause authority, Bond v. U.S. (the chemical weapons case). We also talked about judicial review, the Supremacy clause, and the article about nullification. We then went on to the First Amendment. We discussed the religion clauses as possibly being just a prohibition against the Congress interfering with what the states wanted to establish or prohibit, and also whether it covered executive power as well as legislative power. I talked about the recent decision in Holt v. Hobbs, which dealt with the Muslim prisoner who claimed the right to have a beard in a prison that forbade it. We started our discussion of Elonis v. U.S., about threats on Facebook. We will pick up with Elonis on Tuesday. The assignment for Tuesday 1/27 is to read in Epps through p. 147 (the rest of the Bill of Rights chapter).
Tuesday, January 20, 2015
January 20, 2015
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 1/20, we first finished our discussion of Lane and Gregory. We discussed how the opinions might be reconciled with each other, discussing both the office procedures at issue and the scope of discretion in the trial court. We looked at different ways of framing the operative legal question. We also looked at the use of precedent, examining the options of following, distinguishing, and overruling prior cases. In addition, we reviewed citation format, both Maine and federal. Moving to the textbook, I first went over the concepts of common law, and legal v. equitable relief. We began our discussion of Miller v. Alabama, looking at the language of the 8th Amendment and going over what "cruel and usual" might mean. We also talked briefly about the applicability of the Bill of Rights to the states. The assignment for Thursday 1/22 is to review Miller v. Alabama (through p. 23) paying particular attention to the structure of Kagan's opinion.
POS 383 AMERICAN CONSTITUTIONAL LAW
In class today, Tuesday 1/20, I distributed one handout, the list of questions presented in three recent or current Supreme Court constitutional cases. We then discussed those cases: Noel Canning discussing recess appointments; Zivotofsky, concerning whether the legislative branch or the executive has power over the content of passports; and the same-sex marriage case and full faith and recognition. We will pick up on Thursday will more about the same-sex marriage cases. The additional reading for Thursday 1/22 is to read in Epps through p.112 (through the first three Bill of Rights Amendments).
In class today, Tuesday 1/20, we first finished our discussion of Lane and Gregory. We discussed how the opinions might be reconciled with each other, discussing both the office procedures at issue and the scope of discretion in the trial court. We looked at different ways of framing the operative legal question. We also looked at the use of precedent, examining the options of following, distinguishing, and overruling prior cases. In addition, we reviewed citation format, both Maine and federal. Moving to the textbook, I first went over the concepts of common law, and legal v. equitable relief. We began our discussion of Miller v. Alabama, looking at the language of the 8th Amendment and going over what "cruel and usual" might mean. We also talked briefly about the applicability of the Bill of Rights to the states. The assignment for Thursday 1/22 is to review Miller v. Alabama (through p. 23) paying particular attention to the structure of Kagan's opinion.
POS 383 AMERICAN CONSTITUTIONAL LAW
In class today, Tuesday 1/20, I distributed one handout, the list of questions presented in three recent or current Supreme Court constitutional cases. We then discussed those cases: Noel Canning discussing recess appointments; Zivotofsky, concerning whether the legislative branch or the executive has power over the content of passports; and the same-sex marriage case and full faith and recognition. We will pick up on Thursday will more about the same-sex marriage cases. The additional reading for Thursday 1/22 is to read in Epps through p.112 (through the first three Bill of Rights Amendments).
Thursday, January 15, 2015
January 15, 2015
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 1/15, I distributed one handout, the case brief template. Before we started our discussion of the Lane case, we first went over proper citation form for Maine Supreme Court opinions (both pre- and post- 1997). We also went over the sets of books that report decisions of the three levels of federal courts. We went over court organization, both in the Maine courts and for the federal courts. We discussed the concept of authority, which we divided into primary and secondary, and then subdivided primary into persuasive and mandatory. Discussing Lane, we went over the questions from Tuesday's handout, as well as going over the concept of abuse of discretion. We will begin next Tuesday by going through the same process for the Gregory case. The additional homework for Tuesday 1/20 is to read in the text through p. 22 (the Miller case).
POS 383 AMERICAN CONSTITUTIONAL LAW
In class today, Thursday 1/15, I distributed one handout, an article about the House's attempt to thwart Obama's immigration policy. We discussed it, and the two previous handouts, looking at how the constitution deals with conflicts between the three powers. In terms of the judicial power, we also talked about the concept of standing. We then went through some of the questions that Epps raises in terms of what the words of the constitution might mean. We will continue with Articles II, III, and IV next Tuesday. The assignment for Tuesday 1/20 is to read in Epps through p. 78.
In class today, Thursday 1/15, I distributed one handout, the case brief template. Before we started our discussion of the Lane case, we first went over proper citation form for Maine Supreme Court opinions (both pre- and post- 1997). We also went over the sets of books that report decisions of the three levels of federal courts. We went over court organization, both in the Maine courts and for the federal courts. We discussed the concept of authority, which we divided into primary and secondary, and then subdivided primary into persuasive and mandatory. Discussing Lane, we went over the questions from Tuesday's handout, as well as going over the concept of abuse of discretion. We will begin next Tuesday by going through the same process for the Gregory case. The additional homework for Tuesday 1/20 is to read in the text through p. 22 (the Miller case).
POS 383 AMERICAN CONSTITUTIONAL LAW
In class today, Thursday 1/15, I distributed one handout, an article about the House's attempt to thwart Obama's immigration policy. We discussed it, and the two previous handouts, looking at how the constitution deals with conflicts between the three powers. In terms of the judicial power, we also talked about the concept of standing. We then went through some of the questions that Epps raises in terms of what the words of the constitution might mean. We will continue with Articles II, III, and IV next Tuesday. The assignment for Tuesday 1/20 is to read in Epps through p. 78.
Tuesday, January 13, 2015
January 13, 2015
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 1/15, I distributed four handouts: the syllabus, Lane v. Williams, Gregory v. Calais, and a list of questions to guide your reading of Lane and Gregory. We went over the syllabus. As introduction to the two cases, we talked about the concept of excusable neglect, and we also discussed the tension between rules that favor a speedy resolution of conflicts, versus a just resolution of those conflicts. I went over the citation form for the two cases, both in terms of the order that the parties are listed, and the format for hardbound and public domain (internet) citation. The assignment for Thursday 1/15 is to read the two cases (Lane first,and then Gregory), using the sheet of questions to guide your reading.
POS 383 AMERICAN CONSTITUTIONAL LAW
In class today, Tuesday 1/15, I distributed four handouts: the syllabus, two articles about Obama's immigration reform, and a list of questions to guide your reading of Epps. We went over the syllabus. We discussed briefly life under the Articles of Confederation, the need for a stronger central government, the meaning of "we the people", and the legislative power. The assignment for Thursday 1/15 is to read in Epps through p. 32, (including the preface) using the sheet of questions to guide your reading, and to read the two immigration articles.
In class today, Tuesday 1/15, I distributed four handouts: the syllabus, Lane v. Williams, Gregory v. Calais, and a list of questions to guide your reading of Lane and Gregory. We went over the syllabus. As introduction to the two cases, we talked about the concept of excusable neglect, and we also discussed the tension between rules that favor a speedy resolution of conflicts, versus a just resolution of those conflicts. I went over the citation form for the two cases, both in terms of the order that the parties are listed, and the format for hardbound and public domain (internet) citation. The assignment for Thursday 1/15 is to read the two cases (Lane first,and then Gregory), using the sheet of questions to guide your reading.
POS 383 AMERICAN CONSTITUTIONAL LAW
In class today, Tuesday 1/15, I distributed four handouts: the syllabus, two articles about Obama's immigration reform, and a list of questions to guide your reading of Epps. We went over the syllabus. We discussed briefly life under the Articles of Confederation, the need for a stronger central government, the meaning of "we the people", and the legislative power. The assignment for Thursday 1/15 is to read in Epps through p. 32, (including the preface) using the sheet of questions to guide your reading, and to read the two immigration articles.
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