April 11, 2016

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 4/11, we went over the Warren case brief, which is due on Friday 4/15. We went over the meaning of subjective versus objective perceptions, and also the difference between finding of fact and findings of law. We then continued with NFIB v. Sebelius, first reviewing the textual argument by Roberts, and then looking at the argument based on precedent, including Wickard v. Filburn. We talked about the back and forth regarding whether this market is like any other in which economic activity is being created, or whether the cost-shifting aspect of health care makes this market unique. We will continue on Wednesday with the necessary and proper clause. The assignment for Wednesday 4/13 is to continue working on the Warren case briefs, review NFIB, and read in the textbook through p. 106 (State v. Butler).


POS 484 CRIMINAL DUE PROCESS
In class today, Monday 4/11, I distributed one handout, the Maine Supreme Court opinion in State v. Nightingale, 2012 ME 132. We went over the Prescott and Bragg cases, and discussed why they had different outcomes in terms of "custody". We will finish on Wednesday with the questions in Bragg other than "custody": whether the field sobriety tests were "testimonial", and whether the statements made to Bragg at the police station were an "interrogation". The assignment for Wednesday 4/13 is to review Bragg, and to read today's Nightingale handout.