September 26, 2019

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 9/26, I distributed 2 handouts: my version of the Speelman case brief, and a set of hypotheticals based on Speelman. We first finished up our discussion of Glucksberg by going over Souter's concurrence. We discussed 3 kinds of institutional conflicts that frequently make their way to the courts: the rights of individuals versus the powers of government; the powers of the federal government versus the powers of state government; and the separation of powers between the executive, legislative and judicial branches. We then went through Speelman, and put it into our case brief format. We also discussed how a change in the wording of the notice BHA to Speelman might have made all the difference in terms of whether they knew that she was not in the residence on the date that they sent out the notice. We got up to the preliminary injunctive requirements beyond likelihood of success on the merits, which is where we'll pick up on Tuesday.
The assignment for Tuesday 10/1 is to review today's handouts, consider the Speelman hypotheticals handed out, and then read and do a case brief (not handed in or graded) of Katko v. Briney, reading through p. 43 of the text.


POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 9/26, we picked up with the end of the Collins majority opinion, and then went through Thomas' concurrence and Alito's dissent. We then began our discussion of Carpenter. I talked about the line-up of the Justices in Carpenter, and then we discussed the requirements of the Stored Communications Act, subpoenas and warrants, and 4 levels of suspicion. We identified the issue in Carpenter, and that's where we'll pick up next Tuesday.
The assignment for Tuesday 10/1 is to review Carpenter, and then read to the end of Chapter 3 of the text, including Hodari.