Saturday, March 28, 2015

Posts for March 28, 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

Kentucky judges weigh whether schools, teachers liable if bullied student commits suicide [AP, 3/26/15]: Can schools and teachers be held responsible if a bullied student commits suicide?

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

Scalia Fan Fiction [Slate, 3/28/15]: The lovable grouch is a lie.

A Tip From The Justices on Writing: Keep it Simple [NLJ, 3/27/15]: An extraordinary disciplinary action concludes with an admonition to stick to 'plain terms' in briefs.

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

Harry Reid Saved Obamacare -- but at a Price That Could Still Kill It [Nat. Journ., 3/27/15]: The Senate leader rescued the bill when it looked doomed; But the messy legislative process gave its opponents new life in court

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

Fox: Politics Behind 16-Year-Old Voter and Mandatory Vote Proposals [Fox & Hounds, 3/27/15]:  In San Francisco, Supervisor John Avalos proposes that 16 year olds should vote. In Cleveland last week, President Barack Obama suggested mandatory voting was a transformative idea worth considering. One can’t help but sense political agendas at work.

Legislation and the Legislative Process (TOPIC 20)


Sen. Harry Reid, not seeking re-election, backs Chuck Schumer as leader [AP, 3/27/15]: Senate Democratic Leader Harry Reid, the wily Nevadan who dominated the Senate for a decade from the minority to the majority and back again, announced Friday he will retire after five terms.

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


Argument preview: Mental disability and death sentencing [SCOTUS blog, 3/27/15]: On Monday, the Supreme Court will hold one hour of oral argument on the procedure to be used to determine if an individual is mentally disabled and thus cannot be given a death sentence.  It is Brumfield v. Cain.
Read about Brumfield v. Cain at:

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

Justice Jackson’s Error [Gerard Magliocca in Concurring opinions, 3/27/15]: The First Amendment proposed by Congress to the states concerned the structure of the House of Representatives.  Our First Amendment was third in that list.

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

Indiana officials look to stem religious objections fallout [SF Chron / Indy Star, 3/28/15]: The heat over Indiana's new religious objections law spread Friday across social media and to the White House as many local officials and business groups around the state tried to jump in and stem the fallout.

Verdict: Kleiner Perkins did not discriminate against Ellen Pao [SF Chron, 3/28/15]: Venture capital firm Kleiner Perkins Caufield & Byers did not discriminate against former junior partner Ellen Pao for her gender, a jury found on Friday.

Pregnancy as Disability [Concurring Opinions, 3/28/15]: At the core of the Court’s decision in Young v. United Parcel Service is a fundamental question of feminist jurisprudence: should women be treated the same as men, or should they receive special treatment?

With gay marriage case pending, religion bills gain ground [AP, 3/27/15]: With the nation's highest court set to hear arguments next month over the constitutionality of same-sex marriage bans, legislation is advancing in several states that critics say gives businesses license to deny services to gays and lesbians on religious grounds.

States defend gay marriage bans as democratic actions [USA Today, 3/27/15]: The four states seeking to maintain bans against same-sex marriage told the Supreme Court Friday that the democratic process should decide the issue, not judicial dictate.

International Law, Citizenship and Immigration [TOPIC 40-42]


Court upholds conviction of woman in Rwanda genocide case [AP, 3/27/15]: A federal appeals court has upheld the conviction of a New Hampshire woman found guilty of lying about her role in the 1994 Rwanda genocide so she could obtain U.S. citizenship.
UN: Asylum applications in industrialized countries greatly increased [Jurist, 3/28/15]: The UN refugee agency released a report on Thursday that identified a significant increase in asylum applications to industrialized countries as a result of the displacement effectuated primarily by the wars in Syria and Iraq.

Rights Violations by ISIL: The Problem is Enforcement [Jurist, 3/28/15]: The Human Rights Council of the UN addressed the question of rights violations by ISIL in Iraq in Resolution S/22-1 of September 1, 2014, titled "The human rights situation in Iraq in the light of abuses committed by the so-called Islamic State in Iraq and the Levant and associated groups."

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