POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 3/29, we first finished our discussion of Holland v. Florida. We also looked at the Maine and federal statutes from last week's handout regarding the duty to report in various settings and circumstances. Then we went through Glassford v. BrickKicker, looking at the authority relied on, the three legal issues presented in the case, and the facts relied on by the Court in deciding those issues. Finally, I went over the 2017 case of Kindred Nursing Centers v. Clark, in which the U.S. Supreme Court found that a Kentucky Supreme Court restriction on arbitration clauses was preempted by the Federal Arbitration Act. There was one other current arbitration case, Epic Systems v. Lewis, that I did not have time to discuss today, and that I plan to lead off with next Tuesday.
The assignment for Tuesday 4/3 is to read in the text pp. 77 through the end of Chapter 2, including Caperton v. Massey Coal.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 3/29, we first finished our discussion of Hudson, including the majority, concurrence, and dissent. I then talked about 2 more recent cases about suppression, Davis v. U.S. (dealing with good faith reliance on controlling precedent) and Utah v. Strieff (dealing with attenuated causation). We then left the 4th Amendment, and turned to the 5th and 6th Amendments. We started with the text of those two Amendments, and discussed what the text itself might mean (in contrast to what the Court has said that they mean). We then turned to today's assigned case Escobedo. We got through the facts of the case, but that was all. So we will pick up with the rest of Escobedo on Tuesday.
The assignment for Tuesday 4/3 is to review Escobedo, and then to read Miranda (through p. 530 of the text).
Thursday, March 29, 2018
Tuesday, March 27, 2018
March 27, 2018
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 3/27, I distributed one handout, an article about the 1972 case of Furman v. Georgia, which came close to banning capital punishment in America. We went through the various opinions in Gregg v. Georgia. I then began discussing Holland v. Florida (p. 65), in which the Florida Supreme Court considered whether to create the common law crime of misprision of a felony.
The assignment for Thursday 3/29 is to read today's handout, and to read in the text pp. 64-67 (including Holland) and pp.72-77 (including Glassford v. BrickKicker). As you read Holland, also read over those parts of last Thursday's handout (which started with "Hindering Apprehension") that refer to the creation of common law crimes in Maine, and the duty to report.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 3/27, we reviewed the holding of Mapp v. Ohio, and then went through U.S. v. Leon. We saw how the Court in Leon introduced a good-faith exception to the rule of suppression (when the police act in good faith reliance on a magistrate's (incorrect) grant of a warrant). We started our discussion of Hudson v. Michigan, getting as far as Scalia's discussion of the interests protected by the knock and announce rule. We'll pick up at that point on Thursday. I also plan to discuss more recent suppression cases, Davis v. U.S. and Utah v. Strieff.
The assignment for Thursday 3/29 is to read in the text through p. 520, including Escobedo v. Illinois.
In class today, Tuesday 3/27, I distributed one handout, an article about the 1972 case of Furman v. Georgia, which came close to banning capital punishment in America. We went through the various opinions in Gregg v. Georgia. I then began discussing Holland v. Florida (p. 65), in which the Florida Supreme Court considered whether to create the common law crime of misprision of a felony.
The assignment for Thursday 3/29 is to read today's handout, and to read in the text pp. 64-67 (including Holland) and pp.72-77 (including Glassford v. BrickKicker). As you read Holland, also read over those parts of last Thursday's handout (which started with "Hindering Apprehension") that refer to the creation of common law crimes in Maine, and the duty to report.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 3/27, we reviewed the holding of Mapp v. Ohio, and then went through U.S. v. Leon. We saw how the Court in Leon introduced a good-faith exception to the rule of suppression (when the police act in good faith reliance on a magistrate's (incorrect) grant of a warrant). We started our discussion of Hudson v. Michigan, getting as far as Scalia's discussion of the interests protected by the knock and announce rule. We'll pick up at that point on Thursday. I also plan to discuss more recent suppression cases, Davis v. U.S. and Utah v. Strieff.
The assignment for Thursday 3/29 is to read in the text through p. 520, including Escobedo v. Illinois.
Thursday, March 22, 2018
March 22, 2018
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 3/22, I distributed one handout, a selection of Maine statutes, including the law about deceiving the police. We first went over the Suggs case, putting it in the form of a case brief. We then skipped up to Mobbley, including both the majority and the dissent. Along the way we talked about directed verdicts, judgments notwithstanding the verdict, looking at the evidence in the light most favorable to a party, and dictum. We also reviewed primary v. secondary authority, mandatory v. persuasive authority, and case citation format.
The assignment for Tuesday 3/27 is to read in the text pp. 52-58, including Gregg v. Georgia.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 3/22, we first went through the remainder of the qualified immunity handout from last class. I then discussed two current Supreme Court 4th Amendment cases: Byrd v. U.S. raises the question of the rights of a driver of a rental car who was not authorized as driver of the car by the rental company; Collins v. Virginia raises the question of the rights of a motorcycle driver whose cycle was parked in the driveway of the house. Then we went back to the text and went through the arguments and opinions in Mapp v. Ohio.
The assignment for Tuesday 3/27 is to read in the text pp. 504-514 (including Leon and Hudson).
In class today, Thursday 3/22, I distributed one handout, a selection of Maine statutes, including the law about deceiving the police. We first went over the Suggs case, putting it in the form of a case brief. We then skipped up to Mobbley, including both the majority and the dissent. Along the way we talked about directed verdicts, judgments notwithstanding the verdict, looking at the evidence in the light most favorable to a party, and dictum. We also reviewed primary v. secondary authority, mandatory v. persuasive authority, and case citation format.
The assignment for Tuesday 3/27 is to read in the text pp. 52-58, including Gregg v. Georgia.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 3/22, we first went through the remainder of the qualified immunity handout from last class. I then discussed two current Supreme Court 4th Amendment cases: Byrd v. U.S. raises the question of the rights of a driver of a rental car who was not authorized as driver of the car by the rental company; Collins v. Virginia raises the question of the rights of a motorcycle driver whose cycle was parked in the driveway of the house. Then we went back to the text and went through the arguments and opinions in Mapp v. Ohio.
The assignment for Tuesday 3/27 is to read in the text pp. 504-514 (including Leon and Hudson).
Tuesday, March 20, 2018
March 20, 2018
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 3/20, I handed back the exams, and we went over them. I said a few words about the case briefs that I had returned, and urged the class to read over the Comment Key that I distributed. We then went over the handout regarding Maine's statute about the Use of Force in Defense of Premises and Property. Along the way, we went over the four mental states (mens rea) of intent, knowledge, recklessness, and negligence. We also went over the concepts of objective v. subjective beliefs.
The assignment for Thursday 3/22 is to read in text pp. 43-43 (Suggs v. Norris) and 62-64 (Mobbley).
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 3/20, I handed back the exams, and we went over them. I distributed two handouts: my version of the Wesby outline, and a selection of recent Court of Appeals opinions on whether the police have qualified immunity in certain circumstances. After reviewing the exams, we began to look at the Court of Appeals cases, just getting to the first one.
The assignment for Thursday 3/22 is to review the qualified immunity handout, and to review Mapp v. Ohio, previously assigned.
In class today, Tuesday 3/20, I handed back the exams, and we went over them. I said a few words about the case briefs that I had returned, and urged the class to read over the Comment Key that I distributed. We then went over the handout regarding Maine's statute about the Use of Force in Defense of Premises and Property. Along the way, we went over the four mental states (mens rea) of intent, knowledge, recklessness, and negligence. We also went over the concepts of objective v. subjective beliefs.
The assignment for Thursday 3/22 is to read in text pp. 43-43 (Suggs v. Norris) and 62-64 (Mobbley).
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 3/20, I handed back the exams, and we went over them. I distributed two handouts: my version of the Wesby outline, and a selection of recent Court of Appeals opinions on whether the police have qualified immunity in certain circumstances. After reviewing the exams, we began to look at the Court of Appeals cases, just getting to the first one.
The assignment for Thursday 3/22 is to review the qualified immunity handout, and to review Mapp v. Ohio, previously assigned.
Tuesday, March 6, 2018
March 6, 2018
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 3/6, I handed back the Legassie case briefs, as well as a Comment Key to explain the numbers that I wrote on the papers. The class took Exam #1, which I plan to return and go over on Thursday. Also on Thursday, we will go over any questions regarding the Legassie case brief. After that, we will go over the handout from last week, the Maine statutes regarding the use of force in defense of premises and property.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 3/6, I handed back the Wesby outlines, as well as a Comment Key to explain the numbers that I wrote on the papers. The class took Exam #1, which I plan to return and go over on Thursday. Also on Thursday, we will go over any questions regarding the Wesby outline, and once again I will try to remember to hand out my version of the Wesby outline. After that, the assignment is to read in the text pp. 498-504 (including Mapp v.Ohio).
In class today, Tuesday 3/6, I handed back the Legassie case briefs, as well as a Comment Key to explain the numbers that I wrote on the papers. The class took Exam #1, which I plan to return and go over on Thursday. Also on Thursday, we will go over any questions regarding the Legassie case brief. After that, we will go over the handout from last week, the Maine statutes regarding the use of force in defense of premises and property.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 3/6, I handed back the Wesby outlines, as well as a Comment Key to explain the numbers that I wrote on the papers. The class took Exam #1, which I plan to return and go over on Thursday. Also on Thursday, we will go over any questions regarding the Wesby outline, and once again I will try to remember to hand out my version of the Wesby outline. After that, the assignment is to read in the text pp. 498-504 (including Mapp v.Ohio).
Thursday, March 1, 2018
March 1. 2018
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 3/1, I distributed two handouts: my version of the Legassie case brief, and the Maine criminal statutes regarding the use of force in defense of premises and of property. I collected the class' Legassie case briefs, and we went over them. I plan to return them on Tuesday. We finished our discussion of Speelman by going over the possible existence of substantive defenses that might be available to Ms/ Speelman, now that she has gained the right to a hearing. I then talked about the U.S. Supreme Court case of Jones v. Flowers, in which the address on the envelope was fine, but then the government learned that the letter had not in fact reached the recipient. Finally, we went through the case of Katko v. Briney. The exam will cover everything we've covered thus far, up to and including Katko, but not including today's Maine statutory handout.
On Tuesday 3/6 we will have Exam #1. If you find that you are missing any handouts, make sure to contact me by 8:00 pm on Monday to request them. If you have an emergency and can't be in class, be sure to be in touch with me as soon as possible.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 3/1, I collected the Wesby outlines, and we went over them. I plan to return them on Tuesday. I will also distribute my version of the Wesby outline (which I intended, but forgot, to distribute to the class today). We went over the Wesby outline, as well as analyzing those parts of the opinion that had only a tenuous connection with the question of whether the partygoers should have known that they had no right to be in the house. We then finished up our discussion of Safford v. Redding by contrasting Thoms' dissent with Souter's opinion. Then we went over Terry v. Ohio, looking a) whether this stop and frisk was a "search" and "seizure"; b) whether one search is as intrusive as another; and c) whether probable cause is required for this search and seizure. The exam will cover everything we've covered thus far, up to and including including Terry.
On Tuesday 3/6 we will have Exam #1. If you find that you are missing any handouts, make sure to contact me by 8:00 pm on Monday to request them. If you have an emergency and can't be in class, be sure to be in touch with me as soon as possible.
In class today, Thursday 3/1, I distributed two handouts: my version of the Legassie case brief, and the Maine criminal statutes regarding the use of force in defense of premises and of property. I collected the class' Legassie case briefs, and we went over them. I plan to return them on Tuesday. We finished our discussion of Speelman by going over the possible existence of substantive defenses that might be available to Ms/ Speelman, now that she has gained the right to a hearing. I then talked about the U.S. Supreme Court case of Jones v. Flowers, in which the address on the envelope was fine, but then the government learned that the letter had not in fact reached the recipient. Finally, we went through the case of Katko v. Briney. The exam will cover everything we've covered thus far, up to and including Katko, but not including today's Maine statutory handout.
On Tuesday 3/6 we will have Exam #1. If you find that you are missing any handouts, make sure to contact me by 8:00 pm on Monday to request them. If you have an emergency and can't be in class, be sure to be in touch with me as soon as possible.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 3/1, I collected the Wesby outlines, and we went over them. I plan to return them on Tuesday. I will also distribute my version of the Wesby outline (which I intended, but forgot, to distribute to the class today). We went over the Wesby outline, as well as analyzing those parts of the opinion that had only a tenuous connection with the question of whether the partygoers should have known that they had no right to be in the house. We then finished up our discussion of Safford v. Redding by contrasting Thoms' dissent with Souter's opinion. Then we went over Terry v. Ohio, looking a) whether this stop and frisk was a "search" and "seizure"; b) whether one search is as intrusive as another; and c) whether probable cause is required for this search and seizure. The exam will cover everything we've covered thus far, up to and including including Terry.
On Tuesday 3/6 we will have Exam #1. If you find that you are missing any handouts, make sure to contact me by 8:00 pm on Monday to request them. If you have an emergency and can't be in class, be sure to be in touch with me as soon as possible.
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