Posts for March 17, 2015
These are the posts that are accumulated in our
newsletter which goes out every 4-6 days. The posts are organized by the major
units in our Con Law (5th ed.) textbook:
I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 4th edition of Constitutional
Law] Here are some recent articles that are relevant to
this unit:
Clarence Thomas, the Eccentric [Bloomberg, 3/17/15]: U.S. Supreme Court justices may be
wise, obtuse, fair or political, but we don't ordinarily think of them as
eccentric. William O. Douglas, who was on the court in the middle of the 20th
century, has long counted as the only unambiguously eccentric justice. But now,
as an opinion on separation of powers issued last week makes clear, Justice
Clarence Thomas has joined him.
Clones on the Court [The Atlantic, April 2015]: A
Supreme Court that once included former senators and governors is populated
today by judges with identical resumes. Here's why that's a mistake.
II. Defining the Political System: Federalism and Checks and
Balances [See
TOPICS 11-15 in the 4th edition of Constitutional Law]
Here are recent articles that are relevant to this unit:
The
American Presidency
[TOPIC 15]
Attorney general candidate Lynch faces
tough test in U.S. Senate [Reuters,
3/17/15]: President Barack Obama's choice of Loretta Lynch to be the
next top U.S. law enforcement official is ensnared in infighting over abortion
and immigration policy and, if that can be overcome, a tight vote once her
nomination arrives before the Senate.
Could Obama Bypass the Supreme Court? [NY Times, 3/17/15]: If the administration loses in King v. Burwell, it can
announce that it is complying with the Supreme Court’s judgment — but only with
respect to the four plaintiffs who brought the suit.
Obama: care more about
jobs, war and peace - less about weed [Reuters,
3/16/15]: President Barack Obama has a stern message for the younger generation
about their political priorities: care more about climate change, and less
about legalizing marijuana.
III. The Political
System: Voting and Campaigns [See TOPICS 16-20 in the 4th edition of Constitutional
Law] Here are some recent articles that are relevant to this unit:
Oregon governor signs
sweeping automatic voter registration into law [Reuters, 3/16/15]: The so-called Motor Voter legislation will
use state Department of Motor Vehicles data to automatically register eligible
voters whose information is contained in the DMV system, with a 21-day opt-out
period for those who wish to be taken off the registry.
IV. Criminal Law and Procedure (4th,
5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 4th edition of Constitutional Law] Here are some recent
articles that are relevant to this unit:
The
free-market case for opposing the death penalty [The Week, 3/16/15]: There
are lots of ways to execute a prisoner. But in the U.S., at least, the 32
states that still execute prisoners have decided on lethal injection. On its
face, lethal injection seems like a clinical, modern, hopefully low-pain, and
usually low-key way to kill somebody. Except when it isn't, as we saw in last
year's crop of botched executions.
V. 1st Amendment (Speech, Religion, Press and
Assembly) [See TOPICS
29-33 in the 4th edition of Constitutional Law] Here are some recent articles that are relevant to
this unit:
Floyd Abrams on “the greatest threats to free speech
in this country” [Concurring
Opinions, 3/17/15]:
Beyond the
Schoolhouse Gates: The Unprecedented Expansion of School Surveillance Authority
Under Cyberbullying Laws [SSRN / Case Western Reserve Law Review, 3/15/15]: Schools in forty-six states have the authority to intervene
when students engage in cyberbullying.
VI. 14th Amendment, Discrimination, Privacy, Working,
Citizenship & Immigration [See
TOPICS 34-41 in the 4th edition of Constitutional Law] Here are some recent articles that are relevant to
this unit:
Ellen Pao gender
discrimination trial grips Silicon Valley [Bloomberg, 3/17/15]: Ellen Pao's victory
is nowhere near assured, but her case will echo in the tech industry for a long
time.
California
court reverses century-old racist ruling [AP, 3/16/15]: The California Supreme
Court righted what it called a "grievous wrong" on Monday,
posthumously granting a law license to a Chinese immigrant whose application
125 years ago was denied solely because of his race.
Who will fight for gay marriage at SCOTUS? [CNN, 3/17/15]: The
roster of lawyers for each side is still being worked out. And like many things
related to the law, it's complicated. Six legal challenges in four states have
been consolidated into one case. And to make things even more dicey, there are
actually two separate legal questions before the court.
See the same-sex
marriage map from CNN:
See Lyle
Denniston’s post on the Alabama situation:
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