September 22, 2011

POS 282--Introduction to American Law
In class today, Thursday 9/22 I distributed two handouts: my own version of the Katko brief, and the Maine criminal statute dealing with use of force in defense of property. We continued with our discussion of the Katko brief, getting as far as the first issue that the Court dealt with (can you set a spring gun under the circumstances?). We went through the authority that the Court relied upon in reaching its decision, secondary and primary authority, mandatory and persuasive authority. We will finish with Katko next Tuesday, first exploring the role of Briney's intent to injure, and the question of notice of the spring gun, and then finishing with the punitive damages issue and the disposition. The assignment for Tuesday 9/27 is to look over the two handouts. In addition, read in the text pp. 54 -57, and write out a brief (again, not handed in or graded) of the Suggs v. Norris decision.

POS 359--The Current Supreme Court Term
In class today, Thursday 9/22, we talked a little about the Davis execution in Georgia. Then I distributed a page of letters that were published this week about the Toobin New Yorker article , and we used the letters as a springboard to discuss such issues as the meaning of originalism, consistency v. flexibility and compromise in judging, and the rules for recusal. I also went over one more Supreme Court oral argument scheduled for the first week, Howes v. Fields, that raises the issue of when someone is in custody for Miranda purposes when the person is already imprisoned for another offense. The assignment for Tuesday 9/27 is to finish reading the Burns book.