March 28, 2019

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 3/28, I distributed one handout, an article about the 1972 case about capital punishment, Furman v. Georgia. We first finished our discussion of Suggs v. Norris, including putting the case in the format of the case brief. I then talked about a Maine Supreme Court case, Paffhausen v. Balano, in which the Court distinguished the theories of unjust enrichment (equitable, no contract) from quantum meruit (contractual and implied contract). We also looked at the question of damages for both theories of recovery (enhanced value of the property v. value of services rendered). We then went to Chapter 2 and the ethics of capital punishment. I talked about the Furman case from 1972, which is the subject of the handout. We started into the plurality opinion in Gregg, looking at history, precedent, text, and evolving standards of decency. That's where we'll pick up next week.
The assignment for Tuesday 4/2 is to read today's handout, review all of the opinions in Gregg, and read in addition through p. 64 (State v. Mobbley).



POS 359 THE CURRENT SUPREME COURT TERM
In class today, Thursday 3/28, I distributed one handout, the Maine Constitution's Declaration of Rights (including the Maine religious freedom section). We then went through the Town of Greece v. Galloway, including the three versions of what "coercion" means as a test of "establishment". We began going through the Maryland brief in American Legion, looking at the specific tests of "establishment" that the Maryland Commission wanted to use, and how it also asserted that it could meet any test.
The assignment for Tuesday 4/2 is to review the briefs and the oral argument in American Legion.