October 18, 2018

POS 384 CIVIL LIBERTIES
In class today, Thursday 10/18, we first finished our discussion of Texas v. Johnson. I went through Brennan's flow chart, and we saw how the evaluation of the government purposes led the Court to strict scrutiny. We then saw how strict scrutiny was not satisfied. We contrasted several of Brennan's holding with the view of the dissent, including the uniqueness of the flag, the role of the political judgment of 48 of the states, and the availability of the remaining avenues of expression. We then discussed Brandenburg v. Ohio, and the requirement of the likelihood of imminent violence as the test for incitement of violence. Finally we went as far into McCullen v. Coakley as the question of whether the Massachusetts law was content-based.
On Tuesday 10/23, we will have Exam #1. If you are missing any handouts and want me to have them for you, you need to email me with your request by 8:00 pm on Monday evening. Also, remember that Assignment #1 is due at the beginning of class on Thursday 10/25.



POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 10/18, we finished up our discussion of Suggs v. Norris. We looked at three issues that the court dealt with: the legal standard for cohabiting partner agreements, whether there was evidence that the legal standard was met, and whether the work was gratuitous. We talked about the deference that the appellate court owes to the trial court in terms of findings of fact. We then talked about Paffhausen v. Balano. We saw how the structure of the two cases was similar: first decide what the legal rule is, and then ask what evidence there was that the rule was satisfied. We also looked at the authority relied on by the Paffhausen court. I talked about the ultimate disposition of the Paffhausen case on remand, where Paffhausen still did not get what he was looking for after two trips to the Maine Supreme Court.
On Tuesday 10/23, we will have Exam #1. If you are missing any handouts and want me to have them for you, you need to email me with your request by 8:00 pm on Monday evening. Also, remember that Case Brief #1 is due at the beginning of class on Thursday 10/25.