POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 1/30, I distributed one handout, my version of the Snow case brief. We spent the entire class period going over the format and content of the case brief.
The assignment for Thursday 2/1 is 1) review my version of the case brief, 2) review the authority (prior court cases, etc.) upon which the Court relied in reaching its decision 3) think about how Berstein Shur should change its actions and/or agreement in order to comply with the Snow decision (but still leave itself with as little exposure as possible) and 4) read in the text pp. 1-15.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 1/30, I distributed one handout, my version of the Gabriel outline. We went over that outline, getting as far as Part III(D) of the opinion, which is where we'll pick up on Thursday. We also looked at the authority (prior case, statutes, regulations) on which the court relied, and we'll do more of that on Thursday as well.
The assignment for Thursday 2/1 is to review Gabriel, and to review my outline. Consider what the rules are (after Gabriel) regarding Border Patrol checkpoints: does Gabriel apply only during political conventions, during times of high security alerts, or is it an open-ended license to run a checkpoint anytime, anywhere in Maine? Also, read in the text pp. 463-474 (including Katz v. U.S.).
Tuesday, January 30, 2018
Thursday, January 25, 2018
January 25, 2018
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 1/25, I distributed one handout, a template of the case brief that the class will be producing. We spent the class basically examining the three issues that the Snow Court dealt with: whether Maine public policy requires informed consent in the circumstances of this case; whether informed consent was in fact obtained; and, in any case, whether federal law preempts any contrary state law. We looked at the specific facts that the Court looked to in order to answer the questions posed. Along the way, we discussed common law and the authority to decide public policy, what sources can be looked to in order to ascertain public policy, and federal supremacy and preemption. We went over the case brief template.
The assignment for Tuesday 1/30 is to write out a case brief of the Snow case, using the template as a guide to what goes where. The assignment will not be handed in or graded, but I do want you to write it out and have it ready for class discussion on Tuesday. In addition, we will go through Snow again and look at the authority upon which the Court relied in reaching its decision. Finally for Tuesday, I hope to be able to discuss what a law firm must now do to satisfy the standard, and how little they can get away with.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 1/25 we made our way through parts of the Gabriel case. We went over the concept of de novo decisions by the Judge after the Magistrate's Recommended Decision, and we puzzled through exactly what had led the Magistrate to rule for the Defendant even though she had not stated that the checkpoint was unconstitutional. We went over the concept of suppression of evidence as a remedy for 4th Amendment violations. We went over the 4 claims by Gabriel in his Motion to Suppress, and how Judge Woodcock in this opinion only discussed part of the claims. We went over the justifications for the checkpoint, and whether Chief Agent Gilbert's justification could be read narrowly (just when there's a heightened threat level) or broadly (to apply basically anytime). We looked at the three Supreme Court case regarding checkpoints generally, and then at the rules for Border Patrol, both roving and fixed checkpoints. Along the way, we went over four levels of suspicion that law enforcement might have: probable cause; reasonable suspicion; a hunch; and a checkpoint with no individualized suspicion.
The assignment for Tuesday 1/30 is to write out an outline of the Gabriel case. The outline should use the existing structure of Judge Woodcock's opinion, but should add elements as needed to provided enough details to give a useful outline of the case. It should be in a question and answer format, and be in the most straightforward and simple English possible. I anticipate the outline will be in the range of 2 or 3 pages. The assignment will not be handed in or graded, but I do want you to write it out and have it ready for class discussion on Tuesday. In addition, we will go through Gabriel again and look at the authority upon which the Court relied in reaching its decision. Finally for Tuesday, I hope to be able to discuss what the Border Patrol can do as a matter of routine regarding temporary checkpoints.
In class today, Thursday 1/25, I distributed one handout, a template of the case brief that the class will be producing. We spent the class basically examining the three issues that the Snow Court dealt with: whether Maine public policy requires informed consent in the circumstances of this case; whether informed consent was in fact obtained; and, in any case, whether federal law preempts any contrary state law. We looked at the specific facts that the Court looked to in order to answer the questions posed. Along the way, we discussed common law and the authority to decide public policy, what sources can be looked to in order to ascertain public policy, and federal supremacy and preemption. We went over the case brief template.
The assignment for Tuesday 1/30 is to write out a case brief of the Snow case, using the template as a guide to what goes where. The assignment will not be handed in or graded, but I do want you to write it out and have it ready for class discussion on Tuesday. In addition, we will go through Snow again and look at the authority upon which the Court relied in reaching its decision. Finally for Tuesday, I hope to be able to discuss what a law firm must now do to satisfy the standard, and how little they can get away with.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 1/25 we made our way through parts of the Gabriel case. We went over the concept of de novo decisions by the Judge after the Magistrate's Recommended Decision, and we puzzled through exactly what had led the Magistrate to rule for the Defendant even though she had not stated that the checkpoint was unconstitutional. We went over the concept of suppression of evidence as a remedy for 4th Amendment violations. We went over the 4 claims by Gabriel in his Motion to Suppress, and how Judge Woodcock in this opinion only discussed part of the claims. We went over the justifications for the checkpoint, and whether Chief Agent Gilbert's justification could be read narrowly (just when there's a heightened threat level) or broadly (to apply basically anytime). We looked at the three Supreme Court case regarding checkpoints generally, and then at the rules for Border Patrol, both roving and fixed checkpoints. Along the way, we went over four levels of suspicion that law enforcement might have: probable cause; reasonable suspicion; a hunch; and a checkpoint with no individualized suspicion.
The assignment for Tuesday 1/30 is to write out an outline of the Gabriel case. The outline should use the existing structure of Judge Woodcock's opinion, but should add elements as needed to provided enough details to give a useful outline of the case. It should be in a question and answer format, and be in the most straightforward and simple English possible. I anticipate the outline will be in the range of 2 or 3 pages. The assignment will not be handed in or graded, but I do want you to write it out and have it ready for class discussion on Tuesday. In addition, we will go through Gabriel again and look at the authority upon which the Court relied in reaching its decision. Finally for Tuesday, I hope to be able to discuss what the Border Patrol can do as a matter of routine regarding temporary checkpoints.
Tuesday, January 23, 2018
January 23, 2018
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 1/23, I distributed three handouts: the syllabus, the first case we'll be studying (Snow v. Bernstein), and some questions to guide your reading of the Snow case.
We went over the syllabus. We talked about arbitration, and how it can displace the rights that the court system is designed to protect. We went over citation form for Maine Supreme Court opinion, and the selection process for both Maine and federal judges. We went over the organization of the federal court system, and of the Maine state court system. We talked about the concept of a cause of action, and saw how the cause of action in Snow was legal malpractice, which is a form of negligence, which is a form of tort, which is a form of common law. We went through the first paragraph of the Snow opinion.
The assignment for Thursday 1/25 is read and re-read the Snow opinion, looking in particular for the exact issues addressed by the Court, and upon what authority the Court relies in resolving those issues.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 1/23, I distributed three handouts: the syllabus, the first case we'll be studying (U.S. v. Gabriel), and a list of U.S. Supreme Court Justices, and useful Supreme Court websites.
We went over the syllabus, and the line-up of Justices. We went over the organization of the federal court system, and the citation form for each level of court (F. Supp. 3rd; F.3d; U.S.). We discussed the hierarchy of laws involved in the Gabriel case (constitution; federal statue; federal regulation). And we started our discussion of Gabriel itself, looking at the Supreme Court precedent cited by this U.S. District Court regarding checkpoints and border patrol.
The assignment for Thursday 1/25 is to read the Gabriel opinion. looking in particular for the organization of the opinion, the exact issues addressed by the Court, and upon what authority the Court relies in resolving those issues.
In class today, Tuesday 1/23, I distributed three handouts: the syllabus, the first case we'll be studying (Snow v. Bernstein), and some questions to guide your reading of the Snow case.
We went over the syllabus. We talked about arbitration, and how it can displace the rights that the court system is designed to protect. We went over citation form for Maine Supreme Court opinion, and the selection process for both Maine and federal judges. We went over the organization of the federal court system, and of the Maine state court system. We talked about the concept of a cause of action, and saw how the cause of action in Snow was legal malpractice, which is a form of negligence, which is a form of tort, which is a form of common law. We went through the first paragraph of the Snow opinion.
The assignment for Thursday 1/25 is read and re-read the Snow opinion, looking in particular for the exact issues addressed by the Court, and upon what authority the Court relies in resolving those issues.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 1/23, I distributed three handouts: the syllabus, the first case we'll be studying (U.S. v. Gabriel), and a list of U.S. Supreme Court Justices, and useful Supreme Court websites.
We went over the syllabus, and the line-up of Justices. We went over the organization of the federal court system, and the citation form for each level of court (F. Supp. 3rd; F.3d; U.S.). We discussed the hierarchy of laws involved in the Gabriel case (constitution; federal statue; federal regulation). And we started our discussion of Gabriel itself, looking at the Supreme Court precedent cited by this U.S. District Court regarding checkpoints and border patrol.
The assignment for Thursday 1/25 is to read the Gabriel opinion. looking in particular for the organization of the opinion, the exact issues addressed by the Court, and upon what authority the Court relies in resolving those issues.
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