November 21, 2017

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 11/21, we first went over the Butler case regarding dictum. I also talked about the three distinct types of dictum that we have encountered this semester. I discussed the U.S. Supreme Court case of Harris v. New York, in which the Court took the same position as the Butler court, and we went over the votes in Miranda and in Harris. We then went over the Dempsey case. I talked about the case of Johnson v. New Jersey, and the decision of the Supreme Court regarding the retroactive application of the Miranda decision. We went through the Dempsey decision, and the 4 U.S. Supreme Court opinions regarding the general rules of retroactivity: Linkletter and Griffith, replaced by Chevron and Harper. Finally we went over Strunk v. Strunk, and how the Kentucky court dealt with the absence of precedent.
The assignment for Tuesday 11/28 is to read in the text pp. 113-116 (including Hubbard v. Greeson) and pp. 144-146 (Land v. Yamaha)
Have a good Thanksgiving.


POS 383 CONSTITUTIONAL LAW
In class today, Tuesday 11/21, we went over the PHH outline, and I plan to return the graded outlines next Tuesday, 11/28. We talked about the politics of independent agencies, and the history of why Congress may have wanted to set up an agency with so much independence. We also talked about Congressional oversight of the CFPB, as in the recent rejection of the CFPB rule regarding arbitration clauses. We then went through the cases assigned for today, Korematsu and Youngstown Sheet & Tube.
The assignment for Tuesday 11/28 is to read in text pp. 319-340 (Zivotofsky v. Kerry and Hamdi v. Rumsfeld).
Have a good Thanksgiving.