Where Are We

Where Are We?... Why Are We Here?... What Have We Done?
(dedicated to Admiral James Stockdale)

updated 26 July 2009

Soundclip from the 1992
Vice Presidential Debate
(thanks to Michael Harms for technical assistance)

Periodically, I will briefly review where we are in the course and the readings, the major points we've covered, and what the next week will bring. I will also post whatever idiosyncratic class information that pops up here.

29 July: End of the semester reading and class schedule.

Thursday, 30 July: VII.A. "National Power and Federalism": United States v. Lopez (1995), Alden v. Maine (1996), Nevada Department of Human Resources v. Hibbs (2003), Gonzales v. Raich (2005). VII.B. "Executive Power": Clinton v. Jones (1997), Boumediene v. Bush (2008). VII.C. "Civil Rights": U.S. v. Virginia (1996)**.
**Note: substituted for Miller v. Johnson (1995)

Friday, 31 July: Guest Lecturer: Dr. Wendy Watson. In-class quiz.
VII.D.3.. "Civil Liberties - Privacy": Planned Parenthood v. Casey (1992), Lawrence v. Texas (2003), Gonzales v. Carhardt (2007). VII.E.. "Criminal Process": Atkins v. Virginia (2002), Roper v. Simmons (2005).

Monday, 3 August: VII.C. Grutter v. Bollinger (2003), Parents Involved v. Seattle S.D. (2007). VII.D.1. "Civil Liberties - Expression": Texas v. Johnson (1989), Boy Scouts of America v. Dale (2000), McConnell v. FEC (2003), Morse v. Fredrick (2007). VII.D.2. "Civil Liberties - Religion": Lee v. Weisman (1992), Employment Division of Oregon v. Smith (1990), Zelman v. Simmons-Harris (2002).

Tuesday, 4 August:
TAKE HOME FINAL due in class and through "Safe Assign" on the Blackboard page.
FINAL QUIZ.
VII.F. "Economic Rights": Lucas v. South Carolina Coastal Council (1992), Kelo v. City of New London (2005) VII.G. "Judicial Power and Supremacy": Bush v. Gore (2000).
Course wrap.

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25 July: Below is the tentative schedule -- subject to revision, so be sure to check back occasionally -- as we roll into our last seven class days. ALSO NOTE, I've deleted a few cases and added one (on E/W Supplemental website). This posting, not what is in syllabus, is definitive.

Note, too, the review of James MacGregor Burn's new book under the "Legal News - Legal News and Notes" link.

Monday, 27 July: VI.B. "Executive Power": United States v. Nixon (1974), I.N.S. v. Chadha (1983). VI.C. "Civil Rights": Reed v. Reed (1971), San Antonio Independent School District v. Rodriguez (1973), Craig v. Boren (1976), Regents v. Bakke (1978). VI.D. "Civil Liberties": Miller v. California (1973).

Tuesday, 28 July: VI.D."Civil Liberties": Lemon v. Kurtzman (1971), Lynch v. Donnelly (1984). Roe v. Wade (1973), Bowers v. Hardwick (1986). VI.E. "Criminal Process Rights": Gregg v. Georgia (1976), United States v. Leon (1984), Quarles v. New York (1985), McCleskey v. Kemp (1987).

Wednesday, 29 July: VI.F. "Economic Rights": Penn Central v. City of New York (1978). VII.A. "National Power and Federalism": United States v. Lopez (1995), Alden v. Maine (1996), Nevada Department of Human Resources v. Hibbs (2003), Gonzales v. Raich (2005). VII.B. "Executive Power": Clinton v. Jones (1997), Boumediene v. Bush (2008).

Thursday, 30 July: VII.C. "Civil Rights": U.S. v. Virginia (1996)**, Grutter v. Bollinger (2003), Parents Involved v. Seattle S.D. (2007). VII.D.1. "Civil Liberties - Expression": Texas v. Johnson (1989), Boy Scouts of America v. Dale (2000), McConnell v. FEC (2003), Morse v. Fredrick (2007).
**Note: substituted for Miller v. Johnson (1995)

Monday, 3 August: VII.D.2. "Civil Liberties - Religion": Lee v. Weisman (1992), Employment Division of Oregon v. Smith (1990), Zelman v. Simmons-Harris (2002). VII.F. "Economic Rights": Lucas v. South Carolina Coastal Council (1992), Kelo v. City of New London (2005)

Tuesday, 4 August:
TAKE HOME FINAL due in class and through "Safe Assign" on the Blackboard page.
FINAL QUIZ.
VII.G. "Judicial Power and Supremacy": Bush v. Gore (2000).
Course wrap.

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23 July: Tomorrow, "The Rehnquist Revolution." Then: National League of Cities v. Usery (1976), Garcia v. San Antonio Metropolitan Transit Authority (1985). United States v. Nixon (1974), I.N.S. v. Chadha (1983).

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20 July. Congratulations! You have reached the half-way point of the session. With the passing of the mid-session exam, we have 11 more class days. Tuesday we turn to the "Warren Court." We will handle the readings in this fashion:

Tuesday, 21 July: Heart of Atlanta Motel (1964), South Carolina v. Katzenbach (1966). Brown v. Board of Education of Topeka (1954), Reynolds v. Sims (1964), Loving v. Virginia (1967), Green v. School Board of New Kent County (1968).
Wednesday, 21 July: New York Times v. Sullivan (1964), Memoirs v. Massachusetts (1966), Tinker v. Des Moines (1969). Sherbert v. Verner (1963), Abington Township v. Schempp (1963).
Thursday, 22 July: Griswold v. Connecticut (1965). Mapp v. Ohio (1961), Gideon v. Wainwright (1963), Miranda v. Arizona (1966).

Remember, too, the Sotomayor paper is due, through "SafeAssign" on the Blackboard page and in hard-copy at the beginning of class, on Thursday, 29 July.

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14 July. Below is the schedule leading up to the mid-session exam on Monday, 20 July. Stay on top of the reading, including the reading in the on-line supplement.

Wednesday, 15 July: Finish property rights and due process. Bradwell, Civil Rights Cases, and Plessy. Shenck and Near. Korematsu and Youngstown Sheet and Tube.
Thursday, 16 July: Darby. Carolene Products footnote four. Sweatt.
Friday, 17 July: Chaplinsky, W.Va. v. Barnette, Adamson, and Dennis.
Monday, 20 July: Mid-Session Examination. PBS: A Nation of Liberties.

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9 July. Below is the schedule for the next few class days. Stay on top of the reading, including the reading in the on-line supplement.

Friday, 10 July: McCloskey, Chapter 4, Fletcher, Dartmouth College, and Charles River Bridge. Ex Parte McCardle. Prize Cases, Ex Parte Milligan, In Re Neagle, and U.S v. Curtiss-Wright.
Monday, 13 July: McCloskey, Chapter 5-6. E.C. Knight, Houston East West Texas Railway, and Hammer v. Daggenhart.
Tuesday, 14 July: Schechter Poultry, NLRB v. Jones and Laughlin Steel. Slaughterhouse Cases, Lochner, Adkins Children's Hospital, Home Building and Loan v. Blaisdell, and West Coast Hotel v. Parrish.
Wednesday, 15 July: Bradwell, Civil Rights Cases, and Plessy. Shenck and Near.

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Monday, 6 July. We're off! For Tuesday's class, have read/skimmed the "Introduction" and Chapter 1 of Epstein/Walker (E/W from here on out) ... read Chapter 2. Also, read Federalist Paper Seventy-Eight, and the charming -- no kidding, you'll see -- first and second chapters of McCloskey/Levinson.

We will start our caselaw analysis in the second half of Tuesday's class. As a preface to that, we will begin tomorrow's class with the first segment of the PBS series, The Supreme Court. (Check out this link for more information about the series and suggestions about how to think about it in the context of this class.) As to our specific course of reading, this is how it looks from the perspective of the now:

Tuesday, 7 July: McCloskey Chapters1-2, Marbury.
Wednesday, 8 July: McCloskey, Chapter 3, McCulloch, Gibbons, New York v. Miln, Cooley, and Dred Scott.
Thursday, 9 July: McCloskey, Chapter 4, Fletcher, Dartmouth College, and Charles River Bridge.

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3 July: For our first class, I ask you to please do the following: First, Look over the syllabus. I will pass it out in class on the 6th, so you need not print it. However, I expect you to familiarize yourself with it. I will take any questions about it at the end of class on Monday. Second, familiarize yourself with the class's blackboard webpage as well as the mothership. Third, print, read, sign, and turn in to me 2 copies of the "student contract" and hand it in to me in class. Finally, start on the reading for the first section (Roman Numeral I in the syllabus) of the course: the first two chapters of Epstein/Walker (background information, largely), Federalist Seventy-Eight (in E/W), and the first chapter of McCloskey/Levinson. We will hit the ground running, and given that this is a summer course, we will keep quick the pace.

See you in class Monday, 6 July, at 2 PM on the dot.

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