POS 282--Introduction to American Law
In class today, Thursday 9/16, I distributed one handout, the Maine statute regarding assisted suicide and the penalties for it, and we went over correct citation form for Maine statutes. I went over the history of the Maine referendum question regarding assisted suicide, and the new law in Washington. We discussed the policy and institutional power relationships involved in a federal constitutional challenge to such a state law. We then went into the exact issues raised by Chief Justice Rehnquist: whether the asserted right was "fundamental"; and (since the right to assisted suicide is not fundamental) whether the state ban on assisted suicide is rationally related to a legitimate governmental interest. We will pick up next Tuesday with a discussion of the treatment of precedent, and of how Justice Souter characterized the right asserted by the doctors. For next Tuesday, September 21, I have sent e-mails to the class changing the assignment from what I had assigned in class. Instead of reading to the end of Chapter 1, I want you to read the case of Lawrence v. Texas, pp. 82-88 of the text, and take a shot at writing out (not to hand in) the Issues as framed by Justice Kennedy (using our case brief format).
Thursday, September 16, 2010
Tuesday, September 14, 2010
September 14, 2010
POS 282--Introduction to American Law
In class today, Tuesday 9/14, we continued our discussion of the AAC case and how to brief that case. We looked at the Augusta and Bangor parade ordinances as well, and I went over the First Circuit case of Sullivan v. Augusta from 2007, as well as the 1997 case challenging the Bangor ordinance. The assignment for Thursday 9/16 is to read pp. 28-42 of the text. In addition, write out the Facts, Issues, and Holdings for the majority opinion in Glucksberg (to discuss, but not to hand in.)
In class today, Tuesday 9/14, we continued our discussion of the AAC case and how to brief that case. We looked at the Augusta and Bangor parade ordinances as well, and I went over the First Circuit case of Sullivan v. Augusta from 2007, as well as the 1997 case challenging the Bangor ordinance. The assignment for Thursday 9/16 is to read pp. 28-42 of the text. In addition, write out the Facts, Issues, and Holdings for the majority opinion in Glucksberg (to discuss, but not to hand in.)
Tuesday, September 7, 2010
September 7, 2010
POS 282--Introduction to American Law
In class today, Tuesday 9/7, I distributed two handouts, one my Sample Brief of the AAC v. Dearborn case, and the other, excerpts from the Augusta and Bangor parade Ordinances. I began today by discussing the program that the class will watch on Thursday, a history of the 14th Amendment from the end of the Civil War to the time of the New Deal under FDR. Look for issues of Judicial power versus Legislative power, federal power versus state power, and individual rights versus corporate rights. We went over some of the history of the interpretation of the 14th Amendment's three major clauses, Privileges and Immunities, Due Process, and Equal Protection, as well as the doctrine of Incorporation of the Bill of Rights under the Due Process clause. We then went back to the case brief of the AAC v. Dearborn case in the text, and we got through the first of the Issues in the case, the 30 day notice requirement. The class will watch the Supreme Court program on Thursday 9/9, and the we will continue with the AAC brief on Tuesday 9/14. There is no specific assignment for Thursday 9/9, but you certainly could start on the assignment for Tuesday 9/14, which is to review the Sample AAC Brief, and also the look over the Augusta and Bangor Ordinances and decide whether either of those ordinances is subject to the same constitutional shortcomings as the 6th Circuit decided applied to the Dearborn Ordinance.
In class today, Tuesday 9/7, I distributed two handouts, one my Sample Brief of the AAC v. Dearborn case, and the other, excerpts from the Augusta and Bangor parade Ordinances. I began today by discussing the program that the class will watch on Thursday, a history of the 14th Amendment from the end of the Civil War to the time of the New Deal under FDR. Look for issues of Judicial power versus Legislative power, federal power versus state power, and individual rights versus corporate rights. We went over some of the history of the interpretation of the 14th Amendment's three major clauses, Privileges and Immunities, Due Process, and Equal Protection, as well as the doctrine of Incorporation of the Bill of Rights under the Due Process clause. We then went back to the case brief of the AAC v. Dearborn case in the text, and we got through the first of the Issues in the case, the 30 day notice requirement. The class will watch the Supreme Court program on Thursday 9/9, and the we will continue with the AAC brief on Tuesday 9/14. There is no specific assignment for Thursday 9/9, but you certainly could start on the assignment for Tuesday 9/14, which is to review the Sample AAC Brief, and also the look over the Augusta and Bangor Ordinances and decide whether either of those ordinances is subject to the same constitutional shortcomings as the 6th Circuit decided applied to the Dearborn Ordinance.
Thursday, September 2, 2010
September 2, 2010
POS 282--Introduction to American Law
In class today, Thursday 9/2, I distributed one handout, a Sample Brief Template. We then went into a discussion of the ideas in the introductory part of the text. We discussed the recent U.S. District Court decision striking down California's constitutional ban on gay marriage, the concept of "common law", and the idea of equitable relief. I went over the structure of the Federal Court system, and the structure of the Maine Court system. I also went over citation form for the the three levels of the Federal system and the Maine Supreme Court. We then started working together on using the Sample Brief Template to construct a brief of the AAC v. Dearborn case from the text. We got into the "Cause of Action" segment, and will complete the brief next week. The assignment for Tuesday, September 7 is to brief the AAC v. Dearborn case, using the Template to guide you as to what belongs in each segment. The assignment will not be graded or handed in, but it still should be done.
In class today, Thursday 9/2, I distributed one handout, a Sample Brief Template. We then went into a discussion of the ideas in the introductory part of the text. We discussed the recent U.S. District Court decision striking down California's constitutional ban on gay marriage, the concept of "common law", and the idea of equitable relief. I went over the structure of the Federal Court system, and the structure of the Maine Court system. I also went over citation form for the the three levels of the Federal system and the Maine Supreme Court. We then started working together on using the Sample Brief Template to construct a brief of the AAC v. Dearborn case from the text. We got into the "Cause of Action" segment, and will complete the brief next week. The assignment for Tuesday, September 7 is to brief the AAC v. Dearborn case, using the Template to guide you as to what belongs in each segment. The assignment will not be graded or handed in, but it still should be done.
Tuesday, August 31, 2010
August 31, 2010
POS 282--Introduction to American Law
In class today, Tuesday 8/31, I distributed one handout, the syllabus, and we went over it. I discussed a moment in the recent confirmation hearings for Elena Kagan that highlighted three aspects of the power structure of our government: federal v. state power; legislative v. judicial power; and individual decision-making v. governmental power. The assignment for Thursday 9/2 is to read pp. 1-28 of the textbook.
In class today, Tuesday 8/31, I distributed one handout, the syllabus, and we went over it. I discussed a moment in the recent confirmation hearings for Elena Kagan that highlighted three aspects of the power structure of our government: federal v. state power; legislative v. judicial power; and individual decision-making v. governmental power. The assignment for Thursday 9/2 is to read pp. 1-28 of the textbook.
Thursday, April 29, 2010
April 29, 2010
POS 359--The Current Supreme Court Term
In class today, Thursday 4/29, I collected your CLS papers, and we spent most of the class going over that case, and predicting its outcome. If you e-mailed your paper to me, I will reply to confirm receipt. If you get no reply, make sure to contact me, because I did not receive anything.
We also went over the case of Salazar v. Buono, decided yesterday, that ruled 5-4 that a lower court erred in issuing an injunction regarding a cross placed on what was originally public land (and that Congress then transferred to private ownership).
I hope that you have a good summer, and that you keep following what the Supreme Court is up to.
In class today, Thursday 4/29, I collected your CLS papers, and we spent most of the class going over that case, and predicting its outcome. If you e-mailed your paper to me, I will reply to confirm receipt. If you get no reply, make sure to contact me, because I did not receive anything.
We also went over the case of Salazar v. Buono, decided yesterday, that ruled 5-4 that a lower court erred in issuing an injunction regarding a cross placed on what was originally public land (and that Congress then transferred to private ownership).
I hope that you have a good summer, and that you keep following what the Supreme Court is up to.
Tuesday, April 27, 2010
April 27, 2010
POS 359--The Current Supreme Court Term
In class today, Tuesday 4/27, I began by emphasising a requirement of the CLS paper that's due on Thursday--that every part of the paper, including the Justice's questions during oral argument, needs to be complete with citations.
After that I went over some developments in the Court. The first was yesterday's grant of cert. in the California violent videos sales to minors case, Schwartzenegger v. Video Software Dealers. We discussed oral arguments in a case being argued today, Monsanto v. Geertson Seed Co. regarding the standards for granting injunctions against genetically modified alfalfa. Tomorrow's oral argument in Doe v. Reed takes on the right of petition-signers to keep their names private. We discussed three older oral arguments, Merck v. Reynolds, regarding the statute of limitations in securities fraud cases (and which was decided today against Merck); Stop the Beach Renourishment v. Fla. DEP, regarding the 5th Amendment taking clause in the context of efforts to stop beach erosion, and Samantar v. Yousef, regarding the immunity of foreign officials sued in the U.S. for the torture of victims back in their home country. The assignment for Thursday April 29 is to finish the CLS paper, which is due the beginning of class (9:30) on Thursday.
In class today, Tuesday 4/27, I began by emphasising a requirement of the CLS paper that's due on Thursday--that every part of the paper, including the Justice's questions during oral argument, needs to be complete with citations.
After that I went over some developments in the Court. The first was yesterday's grant of cert. in the California violent videos sales to minors case, Schwartzenegger v. Video Software Dealers. We discussed oral arguments in a case being argued today, Monsanto v. Geertson Seed Co. regarding the standards for granting injunctions against genetically modified alfalfa. Tomorrow's oral argument in Doe v. Reed takes on the right of petition-signers to keep their names private. We discussed three older oral arguments, Merck v. Reynolds, regarding the statute of limitations in securities fraud cases (and which was decided today against Merck); Stop the Beach Renourishment v. Fla. DEP, regarding the 5th Amendment taking clause in the context of efforts to stop beach erosion, and Samantar v. Yousef, regarding the immunity of foreign officials sued in the U.S. for the torture of victims back in their home country. The assignment for Thursday April 29 is to finish the CLS paper, which is due the beginning of class (9:30) on Thursday.
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