November 27. 2018

POS 384 CIVIL LIBERTIES
In class today, Tuesday 11/27, I distributed one handout, a recent article about the current retaliatory arrest/free speech case of Nieves v. Bartlett. We began by finishing our discussion of Lozman v. Riviera Beach. We saw how Kennedy avoided the underlying issue, and crafted a rule for only a small subset of retaliatory arrests. We also went over Thomas' dissent, in which he started with criticism of the majority for not deciding the underlying issue. (That issue, the causation standard for retaliatory arrests, is the subject Nieves v. Bartlett.) We then left free speech and moved on to the right of privacy. I discussed Griswold v. Connecticut and the creation of the right to privacy. We then went through both the majority and dissenting opinions in Roe v. Wade. We got up to White's dissent, which is where we'll begin on Thursday.
The assignment for Thursday 11/29 is to read today's handout, review the rest of Roe v. Wade, and read in the text through p/ 425, including all of the opinions in Planned Parenthood v. Casey. And remember to please bring your textbooks to class.


POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 11/27, I handed back the Klein case briefs, and distributed the Comment Key to my comments on your briefs. I talked a little more about how facts are what make a case brief useful, and what kind of statements are not "facts". We then went into Chapter III of the text. We went through the opinions in NFIB v. Sebelius, and also discussed the status of this commerce clause part of the opinion as being dictum.
The assignment for Thursday 11/29 is to review Butler (p. 104, previously assigned) and to read through p. 110, including Dempsey v. Allstate (p. 107).