September 24, 2019

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 9/24 I distributed one handout, my version of the Glucksberg case brief. We went through the Glucksberg issues, including the characterization of the right asserted, the history and tradition of that right, and then the flow chart of high hurdles versus low hurdles depending on whether the asserted right is fundamental or not. We also looked at the argument by the doctors that the right has in any case already been established by precedent of the Court. We discussed mandatory versus persuasive authority, and then following, distinguishing, or overruling precedent. We looked at the summary of the Maine Death with Dignity Act passed this year, and we also discussed the possible significance of the growing trend of states to legislatively allow assisted suicide in terms of the constitutional analysis of whether the states must allow patients to have such a choice. We also went over the handout of the Obergefell excerpt, in which the majority and the dissent disagreed about how the Glucksberg precedent applied to the issue of same-sex marriage.
The assignment for Thursday 9/26 is to review Souter's concurrence in Glucksberg, and then to read in the text through p. 38 including Speelman v. Bellingham Housing Authority. Do a case brief of Speelman (not handed in or graded, but practice for composing a case brief).




POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 9/24, I distributed one handout, my version of the Collins outline. We went through the Collins majority opinion up to III (B), which is where we'll pick up on Thursday. We'll finish the majority opinion, and then discuss the concurrence and dissent.
The assignment for Thursday 9/26 is to read through p. 83 of the text, including Carpenter v. U.S.