February 10, 2016

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 2/10, I first went over the history of the 14th Amendment and the concept of substantive due process. We looked at the question by Brittany Maynard of why anyone should have the right to make the decision (about whether have assistance in suicide) for her. We then began work on putting together a case brief for the Glucksberg case. We went over proper SCOTUS citation form, and the organization of the federal court system. We talked about fundamental rights, and the flow chart that follows a determination of whether an asserted right is fundamental or not. We started work on how to characterize the asserted right in this case. We will pick up on Friday with the remainder of the question about the proper characterization of the asserted right, and then go on to the rest of the Glucksberg case brief. The assignment for Friday 2/12 is to continue refining your Glucksberg case brief (not handed in or graded).


POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 2/10, I distributed three handouts: two articles by Orin Kerr, one about the Grady ankle bracelet case, and one about the 6th Circuit Houston video surveillance decision, and also my version of the Gates outline. I talked about the Gates and Houston cases, which both explored the question of whether there was a "search". We then began our outline of Gates. We got to the part of Rehnquist's opinion in which he asked whether probable cause was demonstrated in this case. Along the way, in discussing the role of a reviewing court, we went over the concept of de novo review, and the idea of a substantial basis for the issuance of the warrant. We will pick up on Friday with the remainder of the Rehnquist opinion in Gates, as well as the dissent. Also on Friday, I will go over the 2014 Supreme Court opinion in Navarette v. California.