March 23, 2016

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 3/23, I distributed two handouts: an article about Furman, the 1972 death penalty case, and an article about a 2015 death penalty case. We first talked a little more about Suggs v.Norris, and whether sexual services could play any part in the consideration given and received. I then went over a Maine case, Paffhausen v. Balano, that distinguished contracts that could be inferred (quantum meruit) versus non-contract cases (unjust enrichment), both in terms of what needed to be proven, and what the measure of damages should be. We then went on to Chapter II of the text, and ethics. I talked about two current Supreme Court cases, Whole Women's Health v. Hellerstedt (the Texas abortion case) and Zubik v. Burwell (today's oral argument about contraceptive coverage under Obamacare). We talked about the two handouts, and then began our discussion of Gregg v. Georgia. We talked about Stewart's first two categories of 8th Amendment interpretation (history, and society) and started the third category (the Supreme Court independently decides). That's where we'll pick up on Friday. The assignment for Friday 3/25 is read today's two handouts, and to review Gregg v. Georgia.


POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 3/23, we first went over the political winds that blew between the time of Mapp and the time of Leon. We then went through Leon, comparing the clash at each point between White and Brennan. We looked at the nature of the exclusionary rule, the suitability of applying a cost/benefit analysis, and the application of that analysis. We looked at whether Leon was limited to deliberate police misconduct. I left the class with the question of what other circumstances (in addition to the bad warrant in Leon) might allow the admissibility of unconstitutionally seized evidence. The assignment for Friday 3/25 is to read in the text and prepare to discuss pp. 509-517 (Hudson and Herring).