Lecture Notes: Week 5 Legal Studies

Announcements

• Delay in grading due to tech issues with A&M's system
  • Working under two branches of A&M causing confusion
  • Access issues should be resolved soon

Legal Writing and Case Law

• Reminder: Avoid first-person language and ensure use of KSOL (case law) in submissions
• Case law should not be placed only in the conclusion; it should lead the analysis
  • Example of effective use: Jasmine, Ray, Kenneth, Shaila

Current Case Discussion

• Roe v. Wade and Dobbs
  • Students asked whether to use Roe or Dobbs for assignments
  • Choice allowed as foundation of Roe still valid, but Dobbs is current law
• Cases to review this week:
  • Brown v. Board of Education
  • Griswold v. Connecticut
  • Washington v. Glucksburg
  • Loving v. Virginia

Historical Context

• 13th and 14th Amendments
  • End of slavery and due process
  • Importance of state restrictions post-Civil War
• Brown v. Board of Education
  • Overturned Plessy's "separate but equal"
  • Focused on psychological impact of segregation
• Loving v. Virginia
  • Anti-miscegenation laws and right to marry
  • 14th Amendment's equal protection clause

Additional Case Discussions

• Griswold v. Connecticut
  • Right to privacy in marriage (contraceptives)
  • Introduction of "penumbras" and implied rights
• Washington v. Glucksburg
  • Physician-assisted suicide not a protected liberty interest

Roe v. Wade to Dobbs

• Roe v. Wade discussed medical decisions and trimesters
  • Privacy between doctor and patient emphasized
• Dobbs Decision
  • Shifted decision-making to states
  • Justice Thomas's opinion on substantive due process questioned other rights

Key Legal Concepts

• Procedural vs. Substantive Due Process
  • Procedural: Notice and opportunity to be heard
  • Substantive: Fundamental rights (e.g., marriage, education)
• Fundamental Rights
  • Rights not enumerated but protected under liberty interest
• Stare Decisis
  • Precedent unless compelling reason to overturn

Final Thoughts

• Emphasis on using case law effectively in assignments
• Invitation to review lectures, comments, and case law for improvement
• Encouragement to consider both Roe and Dobbs in context of current assignments

---

These notes provide an overview of the lecture content focusing on legal writing, key Supreme Court cases, and the development of substantive due process as it relates to current legal frameworks. The discussion highlighted the importance of historical context, effective use of case law, and the evolving nature of constitutional interpretation.