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).