Thursday, February 25, 2010

February 25, 2010

POS 359--The Current Supreme Court Term
In class today, Thursday 2/25, we went over the City of Chicago brief in the McDonald case. We looked at issues that included the nature of the asserted fundamental right, the characterization of the rules as a "ban", the question of states' rights as affected by incorporation, and the possible attempts to gain Justice Kennedy's attention. The assignment for Tuesday March 16 (when we reconvene after Spring Break) is to read the transcript of the oral argument of the March 2 hearing in the McDonald case.
I have that you have a safe and enjoyable break.

Tuesday, February 23, 2010

February 23, 2010

POS 359--The Current Supreme Court Term
In class today, Tuesday 2/23, we spent the period going over the McDonald brief in the McDonald v. City of Chicago Second Amendment case. The assignment for Thursday 2/25 is to read the City of Chicago brief in the same case.

Thursday, February 18, 2010

February 18, 2010

POS 359--The Current Supreme Court Term
In class today, Thursday 2/18, I went over three habeus corpus cases from the current term. I then went over the Supreme Court's oral argument schedule for next week, after its February slumber. Next week, I will go over the rest of the oral argument schedule for the time that the University is on spring break. The assignment for Tuesday 2/23 is to read the petitioner McDonald's brief in the case of McDonald v. City of Chicago. That case will be argued on Tuesday March 2. Start at the Supreme Court's site (www.supremecourtus.gov); select "Merits briefs" and then "On-line merits briefs"; scroll down the alphabetical list until you select McDonald v. City of Chicago; then select "Brief for Petitioner". The reading is 91 pages long.

Tuesday, February 16, 2010

February 16, 2010

POS 359--The Current Supreme Court Term
In class today, Tuesday 2/16, I returned the papers, and we went over them. We discussed both the substance of the papers, and a number of common grammatical problems. We then went over a portion of the Toobin book, discussing the labels of "conservative" and "liberal" on the Court. I discussed one habeus corpus case,McDaniel v. Brown, regarding the "prosecutor's fallacy". The assignment for Thursday 2/18 is to read Part 3 of the Toobin book, pages 211-295.

Thursday, February 11, 2010

February 11, 2010

POS 359--The Current Supreme Court Term
In class today, Thursday 2/11, I collected the Citizens United papers, and we spent most of the class discussing them. I also briefly went over a part of the opinions that was not assigned, the evaluation of the 3 rationales for the Congressional restrictions. I plan to return the papers on Tuesday. The assignment for Tuesday is to read in Toobin's book through p. 210.

Tuesday, February 9, 2010

February 9, 2010

POS 359--The Current Supreme Court Term
In class today, Tuesday 2/9, I did not do the Supreme Court's recent habeus cases, but instead talked more about the Citizens United case. I went over the commentary regarding whether this decision will make a big difference in elections, or not such a big difference; how this decision will affect other issues not directly decided, such as foreign influence in our elections, application to labor unions, and the continuing validity such prior cases as Buckley; and some proposed fixes, both constitutional and statutory, of those who want to limit the reach of the Citizens United decision. The assignment for Thursday 2/11 is to finish your paper on the Citizens United case; your paper is due at the beginning of class on Thursday.

Thursday, February 4, 2010

February 4, 2010

POS 359--The Current Supreme Court Term
In class today, Thursday, 2/4, we began by going over some misconceptions about the Citizens United case. We then discussed the meaning of the "strict scrutiny" test that Justice Kennedy applied to the campaign finance law, and used the Bellotti case to illustrate how strict scrutiny works. Next week I will go over some other recent decisions of the Court. The assignment for Tuesday is to continue working on Assignment #1, which is due a week from today, Thursday 2/11.