Wednesday, January 10, 2018

Posts January 10, 2018
These are the posts that are accumulated in our weekly newsletter which goes out throughout the school year. The posts are organized by the major units in our Constitutional Law (5th ed.) student textbook

I.          Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit

II.         Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


Supreme Court asked to recognize a Second Amendment right to sell guns [Washington Times, 1/9/18]:  A man who was blocked from opening a gun store in California asked the Supreme Court this week to review his case, saying Alameda County’s prohibition violates the Second Amendment right to bear arms.
https://www.washingtontimes9com/news/2018/jan/9/supreme-court-asked-recognize-second-amendment-rig/


Two (But Only Two) Jeers for Enforcing the Federal Marijuana Law in Legalized States [Justia, 1/10/18]: Professor Dorf comments on the recent announcement by Attorney General Sessions that the Trump Department of Justice was rescinding an Obama administration policy toward state-legal marijuana. Dorf argues that the policy shift breaks promises by then-candidate Trump and then-Senator Sessions, but that objections to the new policy on federalism grounds are largely misguided.
https://verdict.justia.com/2018/01/10/two-two-jeers-enforcing-federal-marijuana-law-legalized-states


The American Presidency [TOPIC 15_]

Judge Orders Trump to Restore DACA [CNS, 1/10/18]: By NICHOLAS IOVINO A federal judge Tuesday restored a program that shields more than 700,000 young immigrants from deportation, finding the Trump administration relied on a “flawed legal premise” to rescind the program last year.
https://www.courthousenews.com/judge-orders-trump-to-restore-daca-program/


Judge blocks Trump decision to end young immigrant program [AP, 1/10/18]: Is Trump mentally fit? Don't count on his physical to tell you [POoliticoA federal judge on Tuesday night temporarily blocked the Trump administration's decision to end a program protecting young immigrants from deportation. U.S. District Judge William Alsup granted a request by California and other plaintiffs to prevent President Donald Trump from ending the Deferred Action for Childhood Arrivals program while their lawsuits play out in court
http://customwire.ap.org/dynamic/stories/U/US_TRUMP_IMMIGRATION_LEGAL_CHALLENGE?SITE=CASON&SECTION=STATE&TEMPLATE=DEFAULT&CTIME=2018-01-10-01-48-23

Former Vice President Biden looks back on life, career; mum on 2020 presidential bid [SF Chron, 1918\: Former Vice President Joe Biden largely avoided mention of today’s political fray during the latest stop on his book tour Tuesday in San Francisco. But the 75-year-old Democratic statesman, while leaving open the question of whether he was just another retired politician with a memoir to sell or a 2020 contender for president, made clear he was still in the game. 
http://www.sfgate.com/bayarea/article/Former-Vice-President-Biden-looks-back-on-life-12486561.php


Federal Court Strikes Down North Carolina redistricting plan  [Jurist, 1/10/18]:  A three-judge panel of federal jusges struck down  North Carolina's 2016 congressional redistricting plan Tuesday.
http://www.jurist.org/paperchase/2018/01/federal-court-strikes-down-north-carolina-redistricting-plan.php


IV.       Cminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:

Justices Seem Ready to Back Driver of Rental Car in Privacy Case  [Reuters / SCOTUS blog, 1/9/1U.S. Supreme Court justices on Tuesday wrestled with the scope  of police authority to search vehicles without warrants, with Chief Justice John Roberts referencing the shiny red convertible taken for a joyride in the 1986 comedy film “Ferris Bueller’s Day Off” to make a serious legal point.8:

https://www.reuters.com/article/us-usa-court-search/u-s-top-court-considers-putting-brakes-on-police-vehicle-searches-idUSKBN1EY29G
http://www.scotusblog.com/2018/01/view-courtroom-vehicle-problems-supreme-court/

School integration case opens with Supreme Court justices grilling lawyers; State Supreme Court decision may define what constitutes an adequate education ]Minneapolis Times-Star, 1/9/18]: State Supreme Court decision may define what constitutes an adequate education. 
http://www.startribune.com/state-s-highest-court-hears-arguments-in-desegregation-lawsuit/468506763/

V.        1st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
  
VI.       14th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


Tuesday, January 9, 2018

Posts January 9, 2018
These are the posts that are accumulated in our weekly newsletter which goes out throughout the school year. The posts are organized by the major units in our Constitutional Law (5th ed.) student textbook


I.          Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit

Surveillance Court Wants ACLU Standing Reviewed ]:se/com, 1/8/18]: The Foreign Intelligence Surveillance Court has asked a review panel to rule on whether it is legally allowed to consider the merits of the American Civil Liberties Union's request to fully unredact several declassified court opinions, after its judges recently split on the issue.

https://www.law360.com/aerosace/articles/999724/surveillance-court-wants-aclu-standing-reviewed


II.         Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


Oil giant ExxonMobil counters climate-change suits by San Francisco, other governments [SF Chron, 1/8/18]: Oil giant ExxonMobil has launched a counterpunch to the lawsuits filed by San Francisco and other communities that seek damages for climate change, alleging that the California jurisdictions conspired to vilify and taunt the oil industry. 
http://www.sfgate.com/bayarea/article/Oil-giant-Exxon-Mobil-counters-climate-change-12483217.php



The American Presidency [TOPIC 15_]

Is Trump mentally fit? Don't count on his physical to tell you [POolitico, 1/8/18]: If President Donald Trump were any other 71-year-old — covered by Medicare and having his annual wellness visit — he'd be checked on his cognitive functions and possible safety risks. But when the president goes for his physical exam Friday, the White House said his mental fitness won't be tested. Dan Diamond and 
https://www.politico.com/story/2018/01/08/donald-trump-medical-doctor-health-269759


Trump Overstates Size of Tax Cuts in Speech to Farmers [NY Times, 1/8/18]: President Trump delivered an economic victory lap during a speech to farmers on Monday in which he vastly overstated the size of the tax cuts passed by Congress late last year and played up a rollback of regulations on American businesses
https://www.nytimes.com/2018/01/08/us/politics/trump-tax-cuts-farmers-speech.html?_r=1

III.        The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:



IV.       Cminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


Justice was served in GPS tracking case ... by accident: An odd decision on warrantless GPS tracking doesn't offer much clarity Cour [Arizona Central, 1/9/18]:
https://www.azcentral.com/tory/opinion/op-ed/robertrobb/2018Is this the future of an expanded Arizona Supreme Court?
/01/08/arizona-supreme-court-becomes-many-splintered-thing/1008348001/


Supreme Court cites juror's racism in death penalty reprieve [USA Today / Reuters, 1/8/18]:  zwhite juror's reference to Tharpe as a "n-----" and other racist remarks. "I have wondered if black people even have souls," juror Barney Gattie said in a sworn affidavit. The high court's liberals were joined by Chief Justice John Roberts and Justice Anthony Kennedy in the unsigned opinion, which orders the U.S. Court of Appeals for the 11th Circuit to take the remarks into consideration in deciding Tharpe's fate.  "Gattie's remarkable affidavit — which he never retracted — presents a strong factual basis for the argument that Tharpe's race affected Gattie's vote for a death verdict," the court ruled. 
https://www.usatoday.com/story/news/politics/2018/01/08/supreme-court-cites-jurors-racism-death-penalty-reprieve/1012586001/https://www.usatoday.com/story/news/politics/2018/01/08/supreme-court-cites-jurors-racism-death-penalty-reprieve/1012586001/
https://www.reuters.com/article/us-usa-court-deathpenalty/supreme-court-sides-with-death-row-inmate-over-racist-juror-claim-idUSKBN1EX1GG

Supreme Court hearing 2 vehicle search cases [AP, 1/9/18]:   The Supreme Court’s justices put themselves in the driver’s seat Tuesday, hearing arguments in two cases involving vehicle searches, but it was unclear what routes the justices will take to resolve the cases.
https://apnews.com/e9ce36e0d02a491692bac6d085e0b3b8/Supreme-Court-hearing-2-vehicle-search-cases


V.        1st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:

Nevada Supreme Court Rules Lower Court Erred In Disfavoring Religion in Child Custody Case [Newseum, 1/8/18]:The ruling supports the principle that courts must make child-custody determinations in the best interest of the child, showing neutrality towards religion, 


VI.       14th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


Hetero employees can't claim reverse discrimination when federal law doesn't shield gays, lesbians – judg [“On the Case” blog, 1/8/18]:  As advocates for LGBTQ employees push to reverse appellate rulings that they’re not protected against workplace 
https://www.reuters.com/article/legal-us-otc-titlevii/hetero-employees-cant-claim-reverse-discrimination-when-federal-law-doesnt-shield-gays-lesbians-judge-idUSKBN1EX246




Monday, January 8, 2018

Posts January 8, 2018
These are the posts that are accumulated in our weekly newsletter which goes out throughout the school year. The posts are organized by the major units in our Constitutional Law (5th ed.) student textbook.



I.          Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:



II.         Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


California Attorney General Says State Will Stand Up to Trump Administration on Marijuana [NBCLA, 1/7/18]: California Attorney General Xavier Becerra has asked to meet with the four U.S. Attorneys who prosecute federal law in the state to gauge weather or not they plan on enforcing federal marijuana laws. "I've reached out to all four to sit down with them... because we'd like to know how each of the four will intend to move forward with this new policy from US DOJ.
https://www.nbclosangeles.com/news/local/Calif-Attorney-General-Says-State-Will-Stand-Up-to-Trump-Administration-on-Marijuana-468275993.html


The American Presidency [TOPIC 15_]

25th Amendment unlikely to be invoked over Trump's mental health [Politico, 1/7/18]: Donald Trump’s description of himself as a “very stable genius” sparked new debate this weekend about the 25th Amendment, but invoking the provision to remove a president from office is so difficult that it’s highly unlikely to come into play over concerns about Trump’s mental health, a half-dozen lawyers with expertise on the measure said.

https://www.politico.com/story/2018/01/07/trump-25th-amendment-mental-health-327503

Schiff: 'We have a seriously flawed human being in the Oval Office' [Politico, 1/7/18]: The ranking Democrat on the House Intelligence Committee said Sunday that virtually every member of Congress has concerns about President Donald Trump's mental state, even if they won't say so publicly.
https://www.politico.com/story/2018/01/07/schiff-trump-president-wolff-book-327282


III.        The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


IV.       Cminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:

V.        1st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


Federa; Judge Rules Student Athlete Has Right to Kneel During National Anthem [Newseum, 1/8/18\: The judge reasoned that the student’s act of kneeling was a form of speech protected by the First Amendment..
http://www.newseuminstitute.org/2018/01/08/federal-judge-rules-student-athlete-has-right-to-kneel-during-national-anthem. The case is V.A. v. San Pasqual Unified School District.
http://www.newseuminstitute.org/2018/01/08/federal-judge-rules-student-athlete-has-right-to-kneel-during-national-anthem/



VI.       14th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:




Thursday, January 4, 2018

Posts January 4, 2018
These are the posts that are accumulated in our weekly newsletter which goes out throughout the school year. The posts are organized by the major units in our Constitutional Law (5th ed.) student textbook.


I.          Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


II.         Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


The American Presidency [TOPIC 15_]

Donald Trump Didn’t Want to Be President [NY Mag, 1/3/18\” One year ago: the plan to lose, and the administration’s shocked first days.
http://nymag.com/daily/intelligencer/2018/01/michael-wolff-fire-and-fury-book-donald-trump.html?utm_source=nym&utm_medium=f1&utm_campaign=feed-part


III.        The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


Ohio Voter Challenges Election Roll Purge in Supreme Court Clash [Bloomberg, 1318]:
Larry Harmon got a surprise when he went to his Kent, Ohio, polling place for a 2015 local election: He was no longer registered and couldn’t vote. Election officials removed him from the rolls because he hadn’t voted since 2008 and didn’t respond to the notice they say they sent in 2011. The lawsuit he and two interest groups filed against Ohio is now part of a U.S. Supreme Court case that will shape the rights of thousands of p https://www.bloomberg.com/news/articles/2018-01- eople as the 2018 elections approach.04/ohio-voter-challenges-election-roll-purge-in-supreme-court-clash


Use it or lose it [The Economist, 1/3/18]: Should voters who don't vote stay on voter rolls? An Ohio voter-purge case with national implications comes before the Supreme Court.
https://www.economist.com/news/united-states/21734019-ohio-voter-purge-case-national-implications-comes-supreme-court-should


For Minn. Senator Tina Smith: a Lesser Form of Incumbency [Sabato;s Crystal Ball, 1/4/18]: Appointed senators have worse electoral records than elected ones in both primaries and general elections.
http://www.centerforpolitics.org/crystalball/articles/for-new-minnesota-sen-tina-smith-a-lesser-form-of-incumbency/


Legislation and the Legislative Process

California Legislature's 2018 Priorities: Addressing Sexual Harassment, Housing, Federal Tax Law [CPR, 1/3/18]: California legislative leaders have finally agreed to address perhaps the most overarching goal of activists pushing to end sexual harassment at the state Capitol: Create a uniform process to handle complaints and investigations. As the Legislature reconvened Wednesday for the 2018 session, Senate and Assembly leaders announced a joint committee that will hold hearings starting later this month.
http://www.capradio.org/107967

IV.       Cminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


V.        1st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:

Students Identify With 50-Year-Old Supreme Court Case [Nina Totenberg in NPR’s “All Things Considered,” 1/3/18]: They came by subway, and on foot. Two hundred forty middle and high school students from Washington, D.C., public schools. Destination: the federal courthouse at the foot of Capitol Hill. They were there to watch a re-enactment of a landmark Supreme Court case on a subject that is near and dear to their hearts — the First Amendment rights of students. What they learned, among other things, was that history repts itself, even in their young lives.
https://www.npr.org/2018/01/03/571647322/students-identify-with-50-year-old-supreme-court-case


VI.       14th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:

The Supreme Court's Quiet Assault on Civil Rights [Dissent, Fall 2017]: It is a little-known and disturbing fact that the Supreme Court is in the process of gutting what may be the most important civil rights statute Congress has ever passed. It is particularly distressing that the harm is being done by a largely unanimous court—and that, other than a few legal scholars, no one seems to be paying any attention.
https://www.dissentmagazine.org/article/supreme-court-assault-civil-rights-section-1983

After #MeToo Comes to the Courts [New Yorker, 1/3/18]:  The #MeToo movement reached the federal judiciary last month. Alex Kozinski, a longtime judge on the Ninth Circuit Court of Appeals in Pasadena, Calif., abruptly resigned after some 15 former law clerks and staffers said he had engaged in sexual misconduct. With more 3,000 federal judges spread among 13 circuit courts, there will almost certainly be more cases like Judge Kozinski’s.
https://www.nytimes.com/2018/01/03/opinion/after-metoo-comes-to-the-courts.html?_r=0

 2017 SOL Reform Year in Review and How #MeToo Relates to Child Sex Abuse SOLs  [Justia, 1/4/18]: Professor Hamilton reflects on the changes to civil and criminal statutes of limitations (SOLs) for child sex abuse across the United States in 2017, and points out how SOLs relate to the #MeToo movement exposing the breadth and pervasiveness of adult sexual assault and harassment. Hamilton praises the progress made over the past year and but calls upon legislators and politicians at all levels to take additional steps to protect children.
https://verdict.justia.com/2018/01/04/2017-sol-reform-year-review-metoo-relates-child-sex-abuse-sols

Wednesday, January 3, 2018

Posts January 3, 2018
These are the posts that are accumulated in our weekly newsletter which goes out throughout the school year. The posts are organized by the major units in our Constitutional Law (5th ed.) student textbook.


I.          Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


II.         Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:

\ Will California outmaneuver a new federal cap on tax deductions? [SJ Merc, 1/2/18]: California Democrats are toying with a brash scheme to skirt a new federal cap on state and local tax deductions: Instead of paying taxes to the Golden State, Californians would be allowed to donate the money to the state’s coffers — and deduct the entire sum from their federal taxes. 
https://www.mercurynews.com/2018/01/02/will-california-outmaneuver-a-new-federal-cap-on-tax-deductions/

Californians, economics and environmental protection [Capitol Weekly, 1/2/18]: Something that isn’t too surprising for legislators or Gov. Brown as California continues to be on the forefront of environmental policies: A major survey shows strong majority (62 percent) of Californians believe air pollution is a problem in their part of California. 
http://capitolweekly.net/voters-environmental-protection-survey/


The American Presidency [TOPIC 15_]

Fusion GPS to Congress: Release our testimony [Politico, 1/2/17]: The founders of Fusion GPS took to the pages of the New York Times to push back against Republicans who have attacked the firm over a dossier related to the Trump Russia investigation — and to urge that their testimony be released. 
https://www.politico.com/story/2018/01/02/fusion-gps-steele-dossier-trump-russia-320236


PolitifactCA: Trump’s False claim Dianne Feinstein said ‘there is no collusion’[PolitiFactCA, 1/2/18]:  Fact-checkers found President Trump’s recent interview in The New York Times chock-full of false and misleading statements. Trump rattled off falsehoods published in the Dec. 28, 2017 article on everything from how many social media followers he has to what’s known about possible collusion between Russia and his presidential campaign.
http://www.politifact.com/california/statements/2018/jan/02/donald-trump/trumps-false-claim-dianne-feinstein-said-there-no-/

III.        The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:

Warren positions herself for potential 2020 run [Politico, 1/2/18]: Elizabeth Warren has spent the past year making a series of below-the-radar moves that would put her in prime  position to run for president in 2020 if she decides to.
https://www.politico.com/story/2018/01/02/elizabeth-warren-2020-election-democrats-319045

Legislation and the Legislative Process

 California Senate Knew Of Sexual Misconduct Claim But Left Young Woman In Lawmaker’s Office, Critics Question HR Competency [CPR, 1/2/18]: The California Senate’s human resources office knew about Sen. Tony Mendoza’s alleged sexual misconduct with a female student Fellow in late September. But instead of immediately placing the lawmaker on leave, or finding a safer place for the young woman — as experts say a properly trained, experienced HR professional might have done — Senate leaders left the Fellow in Mendoza’s office for another six weeks. 
http://www.capradio.org/articles/2018/01/02/california-senate-knew-of-sexual-misconduct-claim-but-left-young-woman-in-lawmakers-office-critics-question-hr-competency/

Walters: Uncle Sam gives school reformers a gift [CalMatters, 1/2/18]: A new year brings renewal of hope, it’s said, but it also means renewed political and legal hostilities over the direction of California’s public school system.
https://calmatters.org/articles/commentary/commentary-uncle-sam-gives-school-reformers-gift/

IV.       Cminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:

V.        1st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:

Speaking Freely with Adam Liptak [Free Speech Project, 1/3/18]: Historical perspective of the Court discussed with the NY Times Court correspondent.
https://www.youtube.com/watch?v=dJWpGrnDK54

Lindsay Lohan, Grand Theft Auto V, the First Amendment, and the Right of Publicity [The Volokh Conspiracy, 1/3/18]:  An amicus brief we recently filed in an interesting and important New York high court case.
http://reason.com/volokh/2018/01/03/lindsay-lohan-grand-theft-auto-v-the-fir

VI.       14th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:


Did the Sexual Revolution Cause the Sexual Misconduct Revealed by #MeToo? [Justia, 1/3/18]: Professor  F. Colb considers the claim by some people that the increase in accusations and occurrences of rape and other sexual misconduct is attributable to the sexual revolution of the late 1960s and mid-1970s. Colb points out that both rape and sexual misconduct existed well before the sexual revolution, and in fact the legal system until very recently either condoned or made it very difficult to prove rape (and categorically excluded the possibility of marital rape). In contrast, the sexual revolution was about liberating consenting adults to have sex with one another and giving women ownership over their own bodies.
https://verdict.justia.com/2018/01/03/sexual-revolution-cause-sexual-misconduct-revealed-metoo