September 14, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 9/14, I distributed one handout, my version of the VSDA case brief. We spent most of the class continuing through that brief, getting through the issues of what the standard should be for judging this restriction on free speech (strict scrutiny v. rational basis) and whether the state had demonstrated that violent video games in fact cause harm to minors. We also went over the meaning of de novo review following summary judgment, as well as the three judge panels and en banc review in the U.S. Courts of Appeal. We will finish the brief next time that I meet with you, which will be Wednesday 9/19. The class will meet on Monday 9/17 in my absence (religious holiday) and will watch a program on the birth of substantive due process. The class will start a few minutes early on Monday to accommodate the 57 minute length of the program. The additional reading for Wednesday 9/19 is to read through p. 25 (up to Glucksberg).

POS 359 FEDERALISM
In class today, Friday 9/14, we first continued with a comparison of the Articles of Confederation v. the Constitution, focussing on the increased power of the federal government over taxation, trade, war and implied powers. We began our discussion of McCullough by looking at what the U.S. had done in chartering a national bank, and why corporations exist in the first place. We then began our detailed discussion of McCullough, looking at the types of argument that Marshall made, as well as why he was addressing some of the issues that he might have skipped. We will continue with McCullough the next time that I meet with you, which will be Wednesday 9/19. The class will meet on Monday 9/17 in my absence (religious holiday) and will watch a program on the "Founding Brothers". The assignment for Wednesday 9/19 is to re-read McCullough, finding the structure to the opinion (the outline of the opinion), as well as the techniques that Marshall used to make his argument.


POS 359 THE CURRENT SUPREME COURT TERM
In class today, Friday 9/14, we first talked about Congress' power to legislate under the 14th amendment. We talked about the history of the strict scrutiny test for free exercise of religion, and then how the Smith case overturning that, and then Congress overturning the Smith outcome with the RFRA, and then the Supreme Court striking down that Congressional attempt to decide the constitutional standard. We also talked about the use of precedent generally. We will continue with our discussion of the Greenhouse book the next time that I meet with you, which will be Wednesday 9/19. The class will meet on Monday 9/17 in my absence (religious holiday) and will watch a program on the beginnings of the Supreme Court. The assignment for Wednesday 9/19 is to finish the Greenhouse book. Class on Monday will begin at 1:00 instead of 1:10 in order to accommodate the length of the program.