This Week's Assignment

This week, we will look at three current cases. For each case, identify the legal issue involved and the underlying policy issues that are implicated. Prepare a reasoned statement arguing why the case (if already decided) was correctly or incorrectly decided or (if not already decided) how it should come out.

1. Gmail Search. Under the US Constitution may a law enforcement agency, pursuant to a lawfully granted search warrant, search your Gmail account without telling you? Please read this article and the opinion linked therein.

2. Establishment Clause. Are anti-religious statements made in class by a public school teacher a violation of the Establishment Clause? Read this article and the case linked therein.

3. Predatory Pricing. Are super-low prices charged for hard cover books by Amazon and Wal-Mart "predatory pricing" in violation of US antitrust laws? Can predatory pricing be bad for consumers? Read this and this.

John Roberts is a Nice Guy

Read this story about John Roberts and his wife in a famous New York City restaurant. He sounds like a nice guy.

The Obamas' Marriage

Take a look at this long article on the Obama's marriage from the New York Times Magazine.

Craigslist Prostitution Case

A sheriff in Illinois sued Craigslist for failing to prevent prostitution services from posting ads. An Illinois has thrown out the case. The New York Times is happy.

Here is the case.

What was the statute under which the sheriff sought to prosecute Craigslist?

What is the theory under which the judge dismissed the case?

This Week's Assignment

For this week, please read and think about the following, and be prepared to take a position in class.

1. Goldman Sachs Bonuses. Goldman Sachs and other large financial institutions which received federal bailout money have returned to profitability and are again paying their senior executives large bonuses. In response, the government has ordered large reductions in the compensation paid to senior executives of financial institutions that received federal aid.

Richard Posner has posted two articles on the Goldman Sachs bonuses here and here.

Question: Is it wrong (and wrong-headed) for the government to limit the compensation of executives in the financial services industry?

2. Hate Crimes Bill. The House and Senate have passed a new "hate crimes" bill that punishes violent crimes motivated by gender and gender orientation more severely than crimes not so motovated. See New York Times article here.

Some are arguing that the law is unconstitutional. See here. What is your position?

3. Allocation of Life-saving Resources. This is a question Greg Mankiw is posing to his freshman economics students at Harvard.

You are a utilitarian social planner. You have a limited number of H1N1 vaccines. How do you allocate them? Do you (A) give them to high-risk populations, or (B) sell them to the highest bidder and rebate the revenue lump-sum to everyone in the population? If you choose (A), do you allow those individuals allocated the vaccine to sell their dose to someone else? Be sure to specify the economic environment as carefully as possible. And remember: Your goal is to maximize total utility.

How would you answer this question?

This Week's Assignment (10/22)

For this week's assignment, choose any two of the following thesis statements. For each of the two thesis statements that you choose, write an outline of logic and reasons supporting the thesis. Evaluate whether the thesis statement is one that could be supported and developed in a 10 page paper. Suggest how the thesis statement could be improved.

1. Google is a monopolist in violation of the US antitrust laws. The US Justice Department should prosecute Google and break up the company. For background see this article.

2. Under the First Amendment of the US Constitution, the government should be able to restrict speech by corporations to a greater extent than speech by individuals. For background see this editorial.

3. Professor Henry Louis Gates' conduct following questioning at his house in Cambridge clearly constituted "disorderly conduct" justifying his arrest. For background see this article.

4. The New York Times' coverage of the circumstances that led to Van Jones' resignation as White House "green jobs czar" and the outing of ACORN demonstrates that the Times is biased in favor of liberal political causes. For background see this piece.

5. President Obama will regret receiving and accepting the Nobel Peace Prize.

This Week's Assignment

Your assignment this week:

Look at this CSPAN TV documentary on the Supreme Court. It's pretty good.

Be prepared to take a position on the award of the Nobel Peace Prize to President Obama.

My Parents Were Awesome

This is a fascinating site of photographs of parents (taken when they were still young) sent in by their children. So it is pictures of young couples taken during the 1960s and 1970s. It is interesting how much the "counterculture" influenced all classes and regions of American society.

Andrew Sullivan on His Own Sex Life

This is the gay Brit blogger arrested in Provincetown for possession of marijuana.

Andrew Sullivan Lets It Hang Out

How Will Sonia Sotomayor Rule on this Term's First Amendment Cases?

Sotomayor and the SCt's First Amendment Cases This Term

What is Narcissism?

Michelle Obama's Olympic Speech

Comment on Michelle Obama's Olympic Speech

This Week's Assignment

For this week, please read the following opinion piece by Nicholas Kristof on health insurance for pre-existing conditions and re-read the article I posted on the traffic court judge who refused to give points to people who violated traffic laws so as to avoid inflating the profits of the insurance companies (here is the link).

Both the traffic judge and Kristof seem to believe that insurance companies should not be able to charge people more for insurance once it is discovered that their risk relevant to insurance coverage has increased, i.e. people should not be denied coverage for (or presumably charged higher rates for) so-called pre-existing conditions.

Please think about this issue and be prepared to discuss on Thursday.

Scalia: Too Many Smart People are Wasting their Lives as Lawyers

Scalia believes too many smart people are leading unproductive lives as lawyers.

David Letterman Extortion