POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 1/31, I distributed one handout, my version of the Doe case brief. We went over all of the case brief segments, including the inclusion of the loser's facts in an "even though" parenthetical. Along the way, we also went over the organization of the federal court system, and the 2 bases of federal trial court jurisdiction.
The assignment for Tuesday 2/5 is to review today's handout, review pp. 1-15 of the text (previously assigned) and then to read through p. 21 of the text (Miller v. Alabama). Using today's handout and the case brief template, write out a case brief of the Miller opinion (not handed in or graded).
POS 359 THE CURRENT SUPREME COURT TERM
In class today, Thursday 1/31, I first let the class know of upcoming assignment plans. I plan to distribute Assignment #1 on Tuesday 2/5, to be due Thursday 2/14. That's the plan, at least.
We then went back into the Gamble oral argument. We started with Alito's challenge on p. 10--"are you really ready to let the terrorist off the hook"? We looked at the response given, and then went to Black's dissent in Abbate, in which he had said, "well, that's what the double jeopardy clause is all about". I showed a clip from the PBS series on the Supreme Court in which Black said that the Bill of Rights does indeed make it harder to convict defendants (and that's the price we pay for protecting individual rights and dignity). I went over the history of incorporation of the Bill of Rights as protections as well as against the states, and discussed Benton v. Maryland.
The assignment for Tuesday 2/5 is to continue reviewing the Gamble oral argument.
Thursday, January 31, 2019
Tuesday, January 29, 2019
January 29, 2019
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 1/29, we finished putting the Doe case into English. We looked at the various issues decided by the Court, and we looked as well at how the Court suggested to DHHS (in footnote #9) how they should fix their problem. Along the way, we also discussed the concept of dictum. We began the process of putting the case into the format of the case brief template that I had distributed last Thursday, and got as far as the Plaintiff's Cause of Action. We will pick up with the Trial Court Defense on Thursday.
The assignment for Thursday 1/31 is to continue the process of putting Doe into the case brief format. Also, read in the text through p. 15.
POS 359 THE CURRENT SUPREME COURT TERM
In class today, Tuesday 1/29, I distributed one handout, the Ginsburg/Thomas concurrence in Puerto Rico v. Sanchez Valle in which they invited the issue was raised by Gamble. We started our journey through the Gamble oral argument. We talked about the original meaning "chain" tied to Chaiten in terms of the temptation to limit his argument to state/federal governments and thus avoiding foreign country complications. We looked at three types of questions asked during oral argument: hostile, lifeline, and actual questions. We got to Alito's question on p. 10, and I asked the class to think about the best answer to give to that question.
The assignment for Thursday 1/31 is to review the Gamble oral argument. Read it, and read it again. Look for how and where each piece of Chaiten's argument from his brief is attacked during the oral argument.
In class today, Tuesday 1/29, we finished putting the Doe case into English. We looked at the various issues decided by the Court, and we looked as well at how the Court suggested to DHHS (in footnote #9) how they should fix their problem. Along the way, we also discussed the concept of dictum. We began the process of putting the case into the format of the case brief template that I had distributed last Thursday, and got as far as the Plaintiff's Cause of Action. We will pick up with the Trial Court Defense on Thursday.
The assignment for Thursday 1/31 is to continue the process of putting Doe into the case brief format. Also, read in the text through p. 15.
POS 359 THE CURRENT SUPREME COURT TERM
In class today, Tuesday 1/29, I distributed one handout, the Ginsburg/Thomas concurrence in Puerto Rico v. Sanchez Valle in which they invited the issue was raised by Gamble. We started our journey through the Gamble oral argument. We talked about the original meaning "chain" tied to Chaiten in terms of the temptation to limit his argument to state/federal governments and thus avoiding foreign country complications. We looked at three types of questions asked during oral argument: hostile, lifeline, and actual questions. We got to Alito's question on p. 10, and I asked the class to think about the best answer to give to that question.
The assignment for Thursday 1/31 is to review the Gamble oral argument. Read it, and read it again. Look for how and where each piece of Chaiten's argument from his brief is attacked during the oral argument.
Thursday, January 24, 2019
January 24, 2019
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 1/24, I distributed 2 handouts: the Maine Constitution's Declaration of Rights, and the case brief template. We went through the Doe timeline, and went through the beginning of the Doe opinion with a fine-tooth comb. Along the way we went over Maine Supreme Court case citation form, and Maine statutory citation form. We went over de novo review for questions of law versus substantial evidence review for questions of fact. We started into the issues dealt with by the Court. We got through the first of the issues discussed in ¶13 of the opinion, which is where we'll pick up next Tuesday.
The assignment for Tuesday 1/29 is to re-read Doe with as much detail we we went over the case today. Also, using the case brief template try to put the Doe opinion into the format of the template (not handed in or graded, but do try your hand at it).
POS 359 THE CURRENT SUPREME COURT TERM
In class today, Thursday 1/24, we began going over the Gamble briefs. We looked at the structure and outline of the briefs, and how the federal government met each of Gamble's contentions. We got as far as ¶I(C)(1) of Gamble's argument, which is where we'll pick up on Tuesday.
The assignment for Tuesday 1/29 is to read and listen to the oral argument in Gamble. The preferred site to listen to the argument is
https://www.oyez.org/cases/2018/17-646
You will also need to have the transcript of the argument with you in class. You can get it from
https://www.supremecourt.gov
select oral_arguments
select argument transcripts
select argument session November 26-December 6
select Gamble, docket #17-646, 12/06/2018
In class today, Thursday 1/24, I distributed 2 handouts: the Maine Constitution's Declaration of Rights, and the case brief template. We went through the Doe timeline, and went through the beginning of the Doe opinion with a fine-tooth comb. Along the way we went over Maine Supreme Court case citation form, and Maine statutory citation form. We went over de novo review for questions of law versus substantial evidence review for questions of fact. We started into the issues dealt with by the Court. We got through the first of the issues discussed in ¶13 of the opinion, which is where we'll pick up next Tuesday.
The assignment for Tuesday 1/29 is to re-read Doe with as much detail we we went over the case today. Also, using the case brief template try to put the Doe opinion into the format of the template (not handed in or graded, but do try your hand at it).
POS 359 THE CURRENT SUPREME COURT TERM
In class today, Thursday 1/24, we began going over the Gamble briefs. We looked at the structure and outline of the briefs, and how the federal government met each of Gamble's contentions. We got as far as ¶I(C)(1) of Gamble's argument, which is where we'll pick up on Tuesday.
The assignment for Tuesday 1/29 is to read and listen to the oral argument in Gamble. The preferred site to listen to the argument is
https://www.oyez.org/cases/2018/17-646
You will also need to have the transcript of the argument with you in class. You can get it from
https://www.supremecourt.gov
select oral_arguments
select argument transcripts
select argument session November 26-December 6
select Gamble, docket #17-646, 12/06/2018
Tuesday, January 22, 2019
January 22, 2019
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 1/22, I distributed 3 handouts: the syllabus; the Maine Supreme Court opinion in Doe v. DHHS; and some questions to guide your reading of the Doe case. We went through the syllabus and the requirements for the class. I went over the organization of the Maine court system, with its 2 trial courts and one supreme court. We talked about how one gets to be Maine judge or justice, and the term for which one serves. We contrasted the Maine system with the lifetime tenure of the federal judges and justices. We began our discussion of the Doe case by going over the citation for the case, including the order of the parties in the caption. We went over the panel of justices of the court, and the first sentence of the opinion. We will pick up from that point on Thursday.
The assignment for Thursday 1/24 is to read the Doe opinion, and the questions about Doe that I had distributed. Also, be prepared with any questions stemming from your reading of Doe that the case raises for you, in terms of what was going on.
POS 359 THE CURRENT SUPREME COURT TERM
In class today, Tuesday 1/22, I distributed 4 handouts: the syllabus; a list of the Supreme Court Justices and selected websites about the Court; and excerpts from both the Petitioner's and Respondent's briefs in Gamble v. U.S. We went through the syllabus and the requirements for the class. I discussed the path to the Supreme Court, through both the federal and the state courts systems, and the two major types of cases taken by the Court (interpretations of the federal constitution, and of the federal statutes). We looked over the biographies of the Justices. We began our discussion of the Gamble case by looking at the language of the 5th Amendment, and wondering what the words of the Double Jeopardy Clause mean in the context of the facts of the Gamble case
The assignment for Thursday 1/24 is to review the List of Justices handout, and then read in detail both the Petitioner's and the Respondent's briefs.
In class today, Tuesday 1/22, I distributed 3 handouts: the syllabus; the Maine Supreme Court opinion in Doe v. DHHS; and some questions to guide your reading of the Doe case. We went through the syllabus and the requirements for the class. I went over the organization of the Maine court system, with its 2 trial courts and one supreme court. We talked about how one gets to be Maine judge or justice, and the term for which one serves. We contrasted the Maine system with the lifetime tenure of the federal judges and justices. We began our discussion of the Doe case by going over the citation for the case, including the order of the parties in the caption. We went over the panel of justices of the court, and the first sentence of the opinion. We will pick up from that point on Thursday.
The assignment for Thursday 1/24 is to read the Doe opinion, and the questions about Doe that I had distributed. Also, be prepared with any questions stemming from your reading of Doe that the case raises for you, in terms of what was going on.
POS 359 THE CURRENT SUPREME COURT TERM
In class today, Tuesday 1/22, I distributed 4 handouts: the syllabus; a list of the Supreme Court Justices and selected websites about the Court; and excerpts from both the Petitioner's and Respondent's briefs in Gamble v. U.S. We went through the syllabus and the requirements for the class. I discussed the path to the Supreme Court, through both the federal and the state courts systems, and the two major types of cases taken by the Court (interpretations of the federal constitution, and of the federal statutes). We looked over the biographies of the Justices. We began our discussion of the Gamble case by looking at the language of the 5th Amendment, and wondering what the words of the Double Jeopardy Clause mean in the context of the facts of the Gamble case
The assignment for Thursday 1/24 is to review the List of Justices handout, and then read in detail both the Petitioner's and the Respondent's briefs.
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