CLASS NOTES

1/7/04 – About the casebook, about the course, a large question, the Civil Rights Act, the Republican proposal, the Administration’s version

1/8/04 – The House Judiciary committee version, committee reports, starting in the House versus starting in the Senate, the sex discrimination debate

1/9/04 – More on the sex discrimination amendment, who do you trust? The Smith problem, “effective upon enactment”

1/14/04 – The critical role of committees, conference committee, the importance of presidential involvement, the variety of “death traps”, the power of the legislative agenda, Griggs v. Duke Power Company

1/15/04 – More on Griggs, Senator Tower’s floor speech, the importance of procedure, pluralism, public choice theory

1/16/04 – More on public choice theory, republican theory, the basic tension in Title VII, the text itself

1/21/04 – The Clark-Case memorandum, United Steelworkers of America v. Weber, Brennan’s opinion, Rehnquist’s opinion, Blackmun’s opinion

1/22/04 – More on Weber, Johnson v. Transportation Agency, Santa Clara County

1/23/04 – More on Johnson, the Civil Rights Act of 1991, campaign finance

1/28/04 – More on campaign finance, Nixon v. Shrink Missouri Government PAC

1/29/04 – Colorado Republican, Colorado Republican II

1/30/04 – More on Colorado Republican II, McCain-Feingold, soft money, electioneering communications

2/4/04 – Electioneering communications in McConnell, constitutional protection on the exertion of political pressure

2/5/04 – More on bribery, United States v. Helstoski, Jim Wright

2/6/04 – Wrap-up of Jim Wright, federal regulation of lobbying, Federal Regulation of Lobbying Act, Lobbying Disclosure Act of 1995

2/11/04 – More on lobbying, legisprudence

2/12/04 – More on Blackstone’s legisprudence, Moragne v. States Marine Lines, Inc.

2/13/04 – Flood v. Kuhn

2/18/04 – The aftermath of Flood, stare decisis, Patterson v. McLean Credit Union, statutory interpretation

2/19/04 – More on the funnel of abstraction, the drug store ordinance, Rector, Holy Trinity Church v. United States

2/20/04 – More on Holy Trinity, Griffin v. Oceanic Contractors, Inc.

2/25/04 – United States v. Marshall

2/26/04 – The dissents in Marshall, Green v. Bock Laundry Machine Company

2/27/04 – More on the “benign fiction”, Blackmun’s dissent in Bock Laundry, dynamic interpretation, In the Matter of Jacob

3/3/04 – More on Jacob, Li v. Yellow Cab of California, Shine v. Shine

3/4/04 – Smith v. Wade, the canons of statutory interpretation

3/5/04 – Florida election law, Bishop v. Linkway Stores, Inc., the rule of lenity, Muscarello v. United States

3/10/04 – More on Muscarello, McNally v. United States, National Labor Relations Board v. Catholic Bishop of Chicago

3/11/04 – More on National Labor Relations Board, Gregory v. Ashcroft

3/12/04 – More on Gregory v. Ashcroft, debunking and defending the canons

3/31/04 – Legislative history – West Virginia University v. Casey

4/1/04 – What about Stevens? Leo Sheep Co. v. United States, committee reports, Blanchard v. Bergeron

4/2/04 – More on Blanchard v. Bergeron, In re Sinclair

4/7/04 – BankAmerica Corp. v. United States

4/9/04 – White’s opinion in BankAmerica, Montana Wilderness Association v. United States Forest Service

4/13/04 – More on Montana Wilderness, Bob Jones University v. United States

4/14/04 – More on Bob Jones, the “subterfuge” case study

4/15/04 – More on the ADEA, United Air Lines, Inc. v. McMann, Public Employees Ret. Sys. of Ohio v. Betts

4/16/04 – Interpretation in light of other statutes, Cartledge v. Miller, Lorillard v. Pons, Morton v. Mancari

4/22/04 – Administrative law and statutory interpretation, General Electric Co. v. Gilbert, Chevron, U.S.A., Inc. v. Natural Resources Defense Council

4/23/04 – Babbitt v. Sweet Home Chapter of Communities for a Great Oregon

4/26/04 – Smiley v. Citibank

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