November 19. 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 11/19, I handed back the exams, and we went over them. I also distributed Assignment #2, copied below, which will be due Friday 11/30. We then started our discussion of Full Faith and Credit, and the Finstuen case. We discussed the issue of "standing" and then I said to ignore that issue, and concentrate on the one couple that did have standing, and figure out what the Court said about Full Faith and Credit for their situation. We also discussed the uses of a birth certificate. We will continue with Finstuen on Monday 11/26. The additional reading for Monday is to read pp. 122- 128 of the text. Have a good Thanksgiving.


Assignment due Friday, November 30, 2012

The assignment (graded) is to do a Case Brief of the case of Quirion v. Veilleux, 2012 Me. Super. LEXIS 17. The case can be found on the website of the Fogler Library.

To access the case, go to Fogler Library site, and select the LexisNexis database (if you are off-campus, you will need your MaineCard bar code number).

Under “Easy Search”/ “Look up a Legal Case”/ “By Citation” enter
2012 Me. Super. LEXIS 17 in the dialog box.

Brief all of the issues that you determine that the Court ruled on.

Follow the format from the Sample Briefs that I’ve distributed. Note especially that the Facts, Issues, and Holding are copied and pasted. Everything that you put into the Fact section should appear exactly in your Issue and Holding sections as well. Your Issue and Holding sections should be identical to each other, except that the issue is a question, and the Holding is the answer to that question. Your briefs will be evaluated on the format, as well as the specific content.

Please make two copies of your brief, one to hand in at the beginning of class, and the other for you to have during class for our discussion.

You may e-mail me if you have specific questions about the brief. The more time that I have to answer your questions, the more likely it is that I can be helpful.

If you cannot be in class on Friday 11/30, you should still e-mail me your brief by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the brief. If you do not, you should still contact me as soon as possible to see what options are available to you. (Generally, I do not want to accept assignments after we have discussed them in class). See the Syllabus for the class rules regarding late papers.

Remember to work by yourselves; do not collaborate. If you have questions, ask me.

IMPORTANT: If you e-mail your brief to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.


POS 359 FEDERALISM
In class today, Monday 11/19, I collected the Commerce Clause papers, and we discussed the positions that various class members took on the power of Congress to mandate the purchase of health insurance. We also talked about other nations' systems regarding health care and health insurance. We then turned to the Sikorski interview, and discussed what policies makes sense in terms of a federal Europe. I distributed an article on federalism and economic growth, and the assignment for Monday 11/26 is to read and be prepared to discuss that article. (If you missed class, contact me if you want me to email the article to you). Have a good Thanksgiving break.


POS 359 THE CURRENT SUPREME COURT TERM
In class today, Monday 11/19, I began with a discussion of a 6th Circuit decision last week that struck down Michigan's constitutional ban on affirmative action that was enacted in the wake of Grutter. We then reviewed the ways in which the Florida Jardines concurring Justices differed from the majority, and went on to the views of the dissenting Justices. We started to discuss the ways in which the disagreements in the Florida Court were reflected in the U.S. Supreme Court oral argument. We will continue with that oral argument on Monday 11/26. The assignment is to re-read that oral argument, actively looking for how issues raised in the Florida opinion are reflected in the questions asked. Have a good Thanksgiving break.