November 15, 2018

POS 384 CIVIL LIBERTIES
In class today, Thursday 11/15, I collected the NIFLA outlines. We then went over the outline bit by bit. I plan on grading the outlines this weekend, and returning them on Tuesday. We then watched a youtube clip of Fane Lozman being arrested when he tried to address the Riviera Beach City Council. We will pick up the the Lozman opinion on Tuesday. I also plan to poll the class about what subject the class would like to tackle next. Two options that I can think of are 2nd Amendment rights and abortion rights. If you have additional subjects that you think would be appropriate and interesting for Civil Liberties class, please let me know.
The assignment for Tuesday 11/20 is to review Lozman, previously assigned.



POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 11/15, I first tried to clarify a bit more of the Klein case brief assignment. In line with my previous instruction to treat the final order of the Oregon BOLI as the prior proceedings, you should treat the BOLI as the plaintiff in the case. I also talked about how the Glassford arbitration case was not typical of the direction of American law. as the Supreme Court has ruled repeatedly in the past 10 years that the federal statute favoring arbitration prevails over seemingly contrary state common law and statutory law, and federal statutory law
We then went through Caperton v. Massey Coal. We saw how the Court created a rule for when due process requires recusal. They then defined what that rule means. They then applied that definition to the facts of the case.
After finishing Caperton, I also talked about a more recent Supreme Court case, Williams v, Pennsylvania, in which the Court ruled on whether recusal was required in the case of a former prosecutor who later sits in judgment as a Justice of the state Supreme Court in the case of a convict that his office had prosecuted.
The assignment for Tuesday 11/20 is to finish your Klein case brief, due at the beginning of Tuesday's class. In addition, read and prepare to discuss p. 104-106 of the text, State v. Butler.