January 18, 2013

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 1/18, I distributed one handout, my template for a case brief. We continued with our discussion of Mills v. Wyman, getting through the argument that moral obligation itself was sufficient consideration to make the dad's promise enforceable. We looked at the process of distinguishing prior authority, and at the court's concern about the lack of a limiting principle to keep a decision about an express promise from spilling over into all implied promises as well. We also discussed the implications of a system that for the most part does not require its citizens to do such things as report accidents or dangerous situations. We will continue with the part of Mills dealing with the state statute when we met again next Wednesday (as there is no school on Monday). The assignment for Wednesday 1/23 is to read in the text pp. 14-22, and to attempt a case brief (not handed in or graded) of the VSDA case using the distributed brief template as a model.


POS 384 CIVIL LIBERTIES
In class today, Friday 1/18, I distributed one handout, my template for a case brief. We continued with our discussion of Korte, going over the indirect v. substantial burden part of the opinion, and then the compelling interest and least restrictive alternative sections of the opinion. We looked at the dissent's concern about the lack of a limiting principle to keep a decision about accommodation of this particular religious belief from spilling over any other religious belief as well. We finished with the irreparable injury and balance of harms discussion, including the dissent's invocation of the equitable rule regarding sleeping on your rights. We went into the Lee case only as far as its discussion of the prohibition on the court inquiring into the "actual" requirements of a faith. We will continue with the Lee case when we met again next Wednesday (as there is no school on Monday). The assignment for Wednesday 1/23 is to re-read the previously assigned Lee case, concentrating on how Lee might either be distinguished or followed. Also read in the text pp. 89-101.