November 7, 2019

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Thursday 11/7, I first let the class know of my plan to distribute the next case brief assignment on Tuesday 11/12, with a planned due date of Thursday 11/21. We then finished our discussion of Glassford, looking at both substantive and procedural unconscionability, and severability. I then talked to the class about a 2018 SCOTUS case, Epic Systems v. Lewis, in which the Court 5-4 ruled on how the provisions of the 1925 Federal Arbitration Act interacted with the 1935 National Labor Relations Act. Then we began our discussion of Caperton v. Massey Coal. We had gotten as far as the background to the case, and looked at the standard used by Justice Benjamin for his refusal to recuse. We looked at the Tumey case, and will begin next Tuesday by comparing the standard used by Benjamin with the standard in Tumey.
The assignment for Tuesday 11/12 is to review Caperton, and to read in addition through p. 98 of the text,including NFIB v. Sebelius.



POS 484 CRIMINAL DUE PROCESS
In class today, Thursday 11/7, I collected the Mitchell outlines, and we went over them. I also distributed my version of the outline. I plan to grade them this weekend and return them on Tuesday.
We then went back to Davis. I explained how the majority and the dissent had different views on the relationship between retroactivity analysis and the exclusion of evidence. We also discussed how the Davis view of the good faith exception to suppression expanded on previous incarnations of the good faith exception. We began our discussion of qualified immunity and the Kisela case. We will pick up on Tuesday with the majority's decision about which issue to address, the existence of a constitutional violation, or the existence of qualified immunity, and how the dissent viewed the same question.
The assignment for Tuesday 11/12 is to review Kisela, and review Tuesday's handout on recent Court of Appeals qualified immunity cases, and to read in the textbook pp. 283-294, including Connelly.