April 2, 2014

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 4/2, we went over the Caperton case. We began by looking at the reasons for and against judicial elections, and the Maine and federal rules regarding judicial appointments and elections. We looked also at the world of campaign finance. We then went over the precedent examined by the Court, and then the rule announced by the majority and how the new rule applied to the facts of this case. On Friday I want to begin by discussing the dissenting opinion, and the aftermath of the case. The assignment for Friday 4/4 is to read in the text through p. 97 (Gonzales v. Raich).


POS 384 CIVIL LIBERTIES
In class today, Wednesday 4/2, I distributed one handout, an article about the original purpose of the Second Amendment. I first talked a little about today's decision in the First Amendment campaign finance case, McCutcheon v. FEC. We then went back to Snyder v.Phelps, looking at the definition and application of "public concern", the relationship of public concern with targeting of an individual, and the viewpoint-based nature of the tort of intentional infliction of emotional distress. We then went over Alito's dissent, seeing how he disagreed with the majority at each step of the analysis. We also discussed the nature and purpose of punitive damages and the limits that the constitution puts on punitive damage awards. The assignment for Friday 4/4 is to read the handout, read Article I Section 8 of the Constitution (powers of Congress) and the Second Amendment, and to review D.C. v. Heller, (pp. 387-396) previously assigned.


POS 359 THE CURRENT SUPREME COURT TERM
In class today, Wednesday 4/2, I first talked a little about today's decision in the First Amendment campaign finance case, McCutcheon v. FEC, which we will return to in more detail after we finish up with Hobby Lobby. I also announced that I plan to assign the 3rd paper on Friday 4/4, with a due date of Friday 4/11. We then went through the Hobby Lobby oral argument regarding substantial burden. We looked at the two basic arguments by the government (indirect burden, choice to pay tax) the Hobby Lobby response, and the questions from the Court. I also went over some precedent that was discussed: U.S. v. Lee (social security taxes); Bowen v. Roy (social security numbers); and Braunfeld v. Brown (Sunday closing). The assignment for Friday 4/4 is to again review the Hobby Lobby oral argument, this time looking for the argument as it concerns "compelling interest" and "least restrictive alternative".