POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 12/8, I collected the Brown and Hawkins case briefs, and distributed my own version of those briefs. I also distributed Maine statutes regarding wrongful death and the Maine Tort Claims Act. We went over the Brown and Hawkins briefs. I plan to return them when we meet for Exam #2. We then went over the remainder of Chapter 5 (Civil Procedure), including the Fontenot case.
Exam #2 will be Thursday 12/15 from 9:30 - 10:45. It will be in the same format as Exam #1, and will only include the material covered since the first exam. If you are missing any handouts, be sure to email me your request by 8:00 pm on Wednesday night, 12/14. See you next Thursday.
Thursday, December 8, 2016
Wednesday, December 7, 2016
December 7, 2016
POS 383 CONSTITUTIONAL LAW
In class today, Wednesday 12/7, we first finished our discussion of separation of powers in foreign affairs by going over the Hamdi case, and then the textbook discussion of the three cases that followed Hamdi. We then turned to the separation of powers in domestic affairs. After looking at the early cases (Wayman and Hampton) that looked for the principle dividing legitimate delegation of Congress' law-making powers from unconstitutional delegation, we went through the Mistretta, Chadha, and Bowsher cases.
The paper on Muslim registration is due at the beginning of the exam at 9:30 on Friday 12/16. The exam is in the same format as Exam #1, and will only cover the material covered since that first exam. It will be from 9:30 - 10:45. If you are missing any handouts, make sure to email me by the night before (8:00 pm on the night of Thursday 12/15) to request them. See you Friday 12/16.
In class today, Wednesday 12/7, we first finished our discussion of separation of powers in foreign affairs by going over the Hamdi case, and then the textbook discussion of the three cases that followed Hamdi. We then turned to the separation of powers in domestic affairs. After looking at the early cases (Wayman and Hampton) that looked for the principle dividing legitimate delegation of Congress' law-making powers from unconstitutional delegation, we went through the Mistretta, Chadha, and Bowsher cases.
The paper on Muslim registration is due at the beginning of the exam at 9:30 on Friday 12/16. The exam is in the same format as Exam #1, and will only cover the material covered since that first exam. It will be from 9:30 - 10:45. If you are missing any handouts, make sure to email me by the night before (8:00 pm on the night of Thursday 12/15) to request them. See you Friday 12/16.
Tuesday, December 6, 2016
December 6, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 12/6, I distributed one handout, excerpts from the Maine Rules of Civil Procedure (regarding the Hawkins case brief and the Idnani case) and the Maine Rules of Evidence (regarding the Timmermann case). We first went over the issues in Hawkins, and I clarified what I thought the Court was doing: by ruling on the Rule 55(c) motion to set aside the default judgment, they were introducing the concept of good cause (Hawkins' behavior) into what otherwise would have been a straight question of the sufficiency of service of process (the deputy's behavior). We also talked about dictum in the Hawkins case. After that, we went over the Idnani case and discovery sanctions. We looked at the Maine Rule of Civil Procedure regarding discovery sanctions. We then went over the Timmermann case on spousal privilege. We also looked at the Maine Rule of Evidence regarding spousal privilege, and I talked about waiver of the privilege in the Maine case of State v. Lipham. The assignment for Thursday 12/8 is to finish work on the Brown v. Thaler and Bank v. Hawkins case briefs, due at the beginning of class Thursday. In addition read through the end of Chapter 5 of the text, including the Fontenot case.
In class today, Tuesday 12/6, I distributed one handout, excerpts from the Maine Rules of Civil Procedure (regarding the Hawkins case brief and the Idnani case) and the Maine Rules of Evidence (regarding the Timmermann case). We first went over the issues in Hawkins, and I clarified what I thought the Court was doing: by ruling on the Rule 55(c) motion to set aside the default judgment, they were introducing the concept of good cause (Hawkins' behavior) into what otherwise would have been a straight question of the sufficiency of service of process (the deputy's behavior). We also talked about dictum in the Hawkins case. After that, we went over the Idnani case and discovery sanctions. We looked at the Maine Rule of Civil Procedure regarding discovery sanctions. We then went over the Timmermann case on spousal privilege. We also looked at the Maine Rule of Evidence regarding spousal privilege, and I talked about waiver of the privilege in the Maine case of State v. Lipham. The assignment for Thursday 12/8 is to finish work on the Brown v. Thaler and Bank v. Hawkins case briefs, due at the beginning of class Thursday. In addition read through the end of Chapter 5 of the text, including the Fontenot case.
Thursday, December 1, 2016
December 1, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 12/1, we first discussed Assignment #2, due next Thursday 12/8. We discussed what was decided in both cases, and how the two decisions square with each other (or don't). We then went over Johnson v. Cintas and Salmon v. Atkinson in the textbook. Regarding the theory of quantum meruit from the Salmon case, I also went over the Maine case of Paffhausen v. Balano, which differentiated quantum meruit from unjust enrichment, and went over the different theories of recovery for each theory. The assignment for Tuesday 12/6 is to continue working on the two case briefs, and to read in the text pp.164-175 (including Idani and Timmermann).
In class today, Thursday 12/1, we first discussed Assignment #2, due next Thursday 12/8. We discussed what was decided in both cases, and how the two decisions square with each other (or don't). We then went over Johnson v. Cintas and Salmon v. Atkinson in the textbook. Regarding the theory of quantum meruit from the Salmon case, I also went over the Maine case of Paffhausen v. Balano, which differentiated quantum meruit from unjust enrichment, and went over the different theories of recovery for each theory. The assignment for Tuesday 12/6 is to continue working on the two case briefs, and to read in the text pp.164-175 (including Idani and Timmermann).
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