April 17, 2017

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 4/17, we first finished our discussion of Strunk v. Strunk. We went over the question of what person or court had the power to make the decision for the ward Jerry, that donation of his kidney was in his own best interest. We also talked about the specific circumstance here that meant that the donation actually was in Jerry's best interest. Finally, we went over the dissent's view that this donation was a step down a slippery slope. We then turned to Hubbard v. Greeson. We went over the concepts of choice of law (or conflict of law) common law rules, the forum state, substantive law, the Restatement, and significant contacts. We saw how the Indiana Supreme Court changed the 99 year-old Indiana choice of law rule, much to the detriment of the plaintiff.
The assignment for Wednesday 4/19 is to continue work on your Gaeth v. Deacon case brief (due 4/28) and to read in the text pp. 144-146 (the Erie doctrine and Land v. Yamaha).


POS 384 CIVIL LIBERTIES
In class today, Monday 4/17, we first reviewed the Braunfeld plurality opinion, and how it started the process of using a stricter scrutiny test than just the "valid secular purpose" test. We then went through Sherbert v. Verner, and saw the Court employ a full strict scrutiny test of compelling interest and least restrictive alternative. The concurring and dissenting opinions weighed in on the nature of the "burden" if it is not financial, and the proper treatment of Braunfeld (to follow, distinguish, or overrule it).
The assignment for Wednesday 4/19 is to review Yoder (previously assigned) and to read in addition Employment Division v. Smith (through p. 124). Also, continue working on your WWH outlines, due this Friday.