November 20, 2018

POS 384 CIVIL LIBERTIES
In class today, Tuesday 11/20, I handed back the NIFLA outlines. I also distributed 2 handouts, my version of the NIFLA outline, and a Comment Key to some of my comments on your papers. We went over some aspects of the outline, including the significance of this being a preliminary injunction, Breyer's criticism of the flow chart of strict scrutiny, his use of Akron and Thornburgh to highlight Casey as the controlling precedent, and the failure of the majority to discuss viewpoint discrimination.
The class then voted on which Civil Liberties issue to study next, and chose abortion rights. (That decision is reflected on the assignment below.)
We then began our discussion of Lozman. We got to that part of the opinion that contrasted the Mt. Healthy test v. the Hartman test for what the plaintiff must show when asserting a claim that action by government was in retaliation for protected speech. We will pick up next Tuesday with Part IV of Kennedy's opinion.
The assignment for Tuesday 11/27 is to review Lozman, and to read in the text pp. 401-410, including Roe v. Wade.
I hope you have a good Thanksgiving.




POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 11/20, I collected the Klein case briefs, and I distributed my version of that case brief. We spent the class period going over the case and the case brief.
The assignment for Tuesday 11/27 is to review Butler (previously assigned) and to read in addition all of Chapter 3 up to Butler (including NFIB v. Sebelius). So in other words, read and prepare to discuss from p. 89 through p. 106 of the text.
I hope you have a good Thanksgiving.