POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 11/8, we first completed our discussion of NFIB v. Sebelius. We went through Roberts' opinion issue by issue, going over each of the government's contentions, and why and how Roberts rejected them. We also covered the opinions by Ginsburg and the Joint Dissent. We then discussed some of the non-case material in the text, including the standard of review for the fit between the legislative means and the legislative end, preemption of state laws, the ex post facto prohibition and sex-offender registries, the role of common law, and the interaction of panels of appellate judges, We then discussed the Butler case and the concept of dictum. I went over the 1971 U.S. Supreme Court case of Harris v. N.Y., which also (like the Butler court) treated some of the Miranda opinion as dictum that could be ignored. The assignment for Thursday 11/10 is to read in the text through p. 115 (review Dempsey (previously assigned), and read Strunk and Hubbard v. Greeson.
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