February 7, 2019

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 2/7, I distributed three handouts: my version of the Miller case brief, an excerpt from the Maine sentencing statutes, and a recent commentary by the ACLU about the due process rights involved in university investigation of campus sexual assault and harassment. We first finished going through the Miller case brief. I then talked about four juvenile sentencing cases prior to Miller: Thompson v. Oklahoma; Sanford v. Kentucky; Roper v. Simmons; and Graham v. Florida. We went over the votes in those cases, as well as the votes in Miller. Along the way, I discussed the difference between a concurrence in the judgment versus a concurrence in the opinion. We went over Breyer's concurrence, as well as the Roberts and Thomas dissents. I will pick up on Tuesday with Montgomery v. Louisiana, the 2016 U.S. Supreme Court case that addressed the question of the retroactive application of Miller, and the scope of the Miller holding.
The assignment for Tuesday 2/12 is to read today's handouts, and to read in the text through p. 34. Do a practice case brief of Glucksberg (not handed in or graded).


POS 359 THE CURRENT SUPREME COURT TERM
In class today, Thursday 2/7, we first talked about the Institute for Justice podcast on the Privileges or Immunities Clause. We talked about incorporation of the Bill of Rights through the Privileges or Immunities Clause, as well as other, unenumerated rights such as the right to travel, make contracts or have an occupation. I took an informal poll of the class regarding the interest in another current Institute for Justice case about the right of a state to limit its alcohol sellers to long-time in-state residents. We then began our discussion of the Timbs case. I went over the briefs in terms of sympathy for the drug dealer/ bereaved son; dictum from prior Supreme Court cases; in rem as either a "fine" or not a "fine"; and the test for incorporation. I talked a little about the Austin case, which I will go through in more detail next week.
The assignment for Tuesday 2/12 is to 1) continue work on your Gamble paper, due next Thursday; 2)review the Timbs' briefs, and then 3)listen to the Timbs oral argument at
https://www.oyez.org/cases/2018/17-1091
Remember to bring with you to class some form (paper or otherwise) of the transcript of the oral argument.