POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 12/12, I distributed one last handout, the Maine civil and criminal jurisdiction statutes, and we went over how to read them. I reminded the class that Exam #2 will be Tuesday 12/17 from 9:30-10:45. If you are missing any handouts, email me with your requests by 8:00 pm on Monday 12/16. I also reminded the class to please complete the on-line evaluations.
We then looked at the recognition statutes that I distributed last class, and saw how the federal statute regarding non-recognition for out-of-state same sex marriages is still on the books, even though the Supreme Court has said that it is unconstitutional. We then discussed both the Maine Supreme Court case of Landmark Realty v. Leasure, and the U.S. Supreme Court case of Bowles v. Russell, and noted the different approaches taken by the the two courts for the definition of subject-matter jurisdiction within their respective court systems. Finally, I talked to the class about the 2017 U.S. Supreme Court case of Hamer v. Neighborhood Housing, which unanimously ruled on whether a failure to meet a deadline in the federal rules was a failure of subject-matter jurisdiction.
See you Tuesday.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 12/12, I first reminded the class that Exam #2 will be Thursday 12/19 from 9:30-10:45. If you are missing any handouts, email me with your requests by 8:00 pm on Wednesday 12/18. I also reminded the class to please complete the on-line evaluations.
We then spent the class period looking at Montejo v. Louisiana. We first clarified what Jackson had decided, and how the 2 sides in Montego had different visions of how Jackson should be interpreted under the Louisiana procedure for appointment of counsel. We looked at the outline of Scalia's opinion, and then saw how the Court majority reached an issue that neither party had brought up.
See you Thursday.
Thursday, December 12, 2019
Tuesday, December 10, 2019
December 10, 2019
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 12/10, I distributed 3 handouts: the Maine Supreme Cort opinion in Landmark Realty v. Leasure, the U.S. Supreme Court case of Bowles v. Russell, and Maine and federal recognition statutes.
I reminded the class to please fill out the online evaluations. I also reminded the class that Exam #2 will be on Tuesday 12/17 from 9:30-10:45.
We first went over Finstuen v. Crutcher, covering both the requirements of Full Faith and Credit for recognition of the adoption judgment, and then the rules regarding enforcement of the judgment. We then discussed the Obergefell excerpt, going over the constitutional basis for forced recognition of marriage. We discussed VL v. EL, which dealt with both Full Faith and Credit, and subject-matter jurisdiction. We began our look at the Maine and federal statutes by looking at the Maine adoption statute, and will pick up on Thursday by looking at the other statutes, especially the federal statute.
The assignment for Thursday 12/12 is to read all 3 of today's handouts.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 12/10, I distributed 1 handout: the U.S. Supreme Court case of Montejo v. Louisiana.
I reminded the class to please fill out the online evaluations. I also reminded the class that Exam #2 will be on Thursday 12/19 from 9:30-10:45.
We first looked at the text of the 6th Amendment and its list of protections fro the criminal defendant. We then focused on the last of those protections, the right to counsel. I went over the Due Process protections in Powell v. Alabama, and then the rejection of incorporation in Betts. We talked about how Gideon v. Wainwright overruled Betts (though I still want to discuss on Thursday the question of to which criminal prosecutions the right to counsel attaches (is it capital cases, felonies, all crimes that have the potential penalty of imprisonment?). We looked at the progression from Jackson to Montejo (waiver), and from Henry to Kuhlmann (informants). We compared the resultin Rhode v. Innis to that in Brewer v. Williams. Then we went through the 4th, 5th, and 6th Amendment issues in Dominique.
The assignment for Thursday 12/12 is to review Gideon v. Wainwright, and to read today's handout.
In class today, Tuesday 12/10, I distributed 3 handouts: the Maine Supreme Cort opinion in Landmark Realty v. Leasure, the U.S. Supreme Court case of Bowles v. Russell, and Maine and federal recognition statutes.
I reminded the class to please fill out the online evaluations. I also reminded the class that Exam #2 will be on Tuesday 12/17 from 9:30-10:45.
We first went over Finstuen v. Crutcher, covering both the requirements of Full Faith and Credit for recognition of the adoption judgment, and then the rules regarding enforcement of the judgment. We then discussed the Obergefell excerpt, going over the constitutional basis for forced recognition of marriage. We discussed VL v. EL, which dealt with both Full Faith and Credit, and subject-matter jurisdiction. We began our look at the Maine and federal statutes by looking at the Maine adoption statute, and will pick up on Thursday by looking at the other statutes, especially the federal statute.
The assignment for Thursday 12/12 is to read all 3 of today's handouts.
POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 12/10, I distributed 1 handout: the U.S. Supreme Court case of Montejo v. Louisiana.
I reminded the class to please fill out the online evaluations. I also reminded the class that Exam #2 will be on Thursday 12/19 from 9:30-10:45.
We first looked at the text of the 6th Amendment and its list of protections fro the criminal defendant. We then focused on the last of those protections, the right to counsel. I went over the Due Process protections in Powell v. Alabama, and then the rejection of incorporation in Betts. We talked about how Gideon v. Wainwright overruled Betts (though I still want to discuss on Thursday the question of to which criminal prosecutions the right to counsel attaches (is it capital cases, felonies, all crimes that have the potential penalty of imprisonment?). We looked at the progression from Jackson to Montejo (waiver), and from Henry to Kuhlmann (informants). We compared the resultin Rhode v. Innis to that in Brewer v. Williams. Then we went through the 4th, 5th, and 6th Amendment issues in Dominique.
The assignment for Thursday 12/12 is to review Gideon v. Wainwright, and to read today's handout.
Thursday, December 5, 2019
December 5, 2019
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 12/5, I distributed 2 handouts: an excerpt from the same-sex marriage case of Obergefell v. Hodges, and the Supreme Court opinion of V.L. v. E.L. We went through the textbook cases of Hubbard v. Greeson and Land v. Yamaha, admiring the seemingly good lawyering in Hubbard, and criticizing the seemingly bad lawyering in Land, in terms of getting the right forum state, which will apply the right choice of law rule, which will then apply the right substantive law. I also discussed the Maine case of Collins v. Trius, in which the Court had to decide whether Maine or Canadian damages law applied to a bus accident in Maine. Finally, I gave an introduction to our next topic, Full Faith and Credit.
I also reminded the class to fill out the on-line class evaluation that you should have received in your email. Please and thank you.
The assignment for Tuesday 12/10 is to read today's 2 handouts, and to read in the text pp. 116-120, including Finstuen v. Crutcher.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 12/5, I distributed one handout, the Maine Supreme Court opinion of State v. Dominique, 2008 ME 180. We reviewed and then finished our discussion of Nightingale, going over all 4 of Nightingale's contentions. We then went back into the text, including Moran v. Burbine and Rhode Island v. Innis.
I also reminded the class to fill out the on-line class evaluation that you should have received in your email. Please and thank you.
The assignment for Tuesday 12/10 is to read today's handout, to review in the text pp. 340-345 and to read in the text pp. 487-490 (Gideon v. Wainwright).
In class today, Thursday 12/5, I distributed 2 handouts: an excerpt from the same-sex marriage case of Obergefell v. Hodges, and the Supreme Court opinion of V.L. v. E.L. We went through the textbook cases of Hubbard v. Greeson and Land v. Yamaha, admiring the seemingly good lawyering in Hubbard, and criticizing the seemingly bad lawyering in Land, in terms of getting the right forum state, which will apply the right choice of law rule, which will then apply the right substantive law. I also discussed the Maine case of Collins v. Trius, in which the Court had to decide whether Maine or Canadian damages law applied to a bus accident in Maine. Finally, I gave an introduction to our next topic, Full Faith and Credit.
I also reminded the class to fill out the on-line class evaluation that you should have received in your email. Please and thank you.
The assignment for Tuesday 12/10 is to read today's 2 handouts, and to read in the text pp. 116-120, including Finstuen v. Crutcher.
POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 12/5, I distributed one handout, the Maine Supreme Court opinion of State v. Dominique, 2008 ME 180. We reviewed and then finished our discussion of Nightingale, going over all 4 of Nightingale's contentions. We then went back into the text, including Moran v. Burbine and Rhode Island v. Innis.
I also reminded the class to fill out the on-line class evaluation that you should have received in your email. Please and thank you.
The assignment for Tuesday 12/10 is to read today's handout, to review in the text pp. 340-345 and to read in the text pp. 487-490 (Gideon v. Wainwright).
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