Saturday, April 4, 2015

Posts for April 4, 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

Appeals court gives counties more power to remove kids from homes [Cal. App. Report / AP, 4/3/15]: Parents doing their best to protect their out-of-control kids got a tough message from a California appeals court: If you don't keep them from harm, the state can take them from you.
The ruling can be read at:

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:

Protesters again disrupt U.S. Supreme Court proceedings [Reuters / Election Law Blog, 4/1/15]: Protesters disrupted U.S. Supreme Court proceedings for the third time in just over a year on Wednesday, with several people shouting out before the nine justices heard oral arguments in a bankruptcy case.
Protesters release video of Supreme Court outburst [The Hill, 4/2/15]:
Constitution Check: Who has a right to speak up in the Supreme Court? [Constitution Daily, 4/2/15]:

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:

Brown's Action Draws Excitement, Disdain At Street Level [CPR / KQED / WIRED, 4/1/15]:  Among other actions, Governor Brown’s executive order mandates the replacement of 50 million square feet of lawn around the state with drought-tolerant landscaping.
The American Presidency [TOPIC 15]

The Threat to Obama from the Courts [Jeffrey Toobin in The New Yorker, 3/31/15]: It may appear that the Republican Congress represents the greatest threat to President Obama’s agenda and legacy. But in the larger scheme of things, Congress is an annoyance. It’s the courts that are the threat.

Saunders: Presidential pardons at last [SF Chron, 4/1/15]: In commuting the sentences of 22 federal drug offenders Tuesday, President Obama has begun to take the unfettered power of executive clemency embedded in the Constitution to the place where it belongs. 

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:

In Iowa, Ted Cruz denounces gay marriage, lauds Indiana religious liberty bill [Dallas Morning News, 4/1/15]: On his first Iowa stop as a presidential candidate, Sen. Ted Cruz warned Wednesday that a Supreme Court ruling to legalize gay marriage nationwide would be “fundamentally illegitimate.”

Jeb Bush is an early GOP favorite as companies cut PAC checks [Politico, 4/1/15]: The first signs of which companies are supporting Republican 2016 presidential candidates are in, and things are looking good for Jeb Bush. 

Notes on the State of Politics [Sabato’s Crystal Ball, 4/2/15]: Nevada Senate after Reid’s retirement, plus two gubernatorial ratings changes and some House updates…

Are Voters Drifting Away? [Sabato’s Crystal Ball, 4/2/15]: For first time in 16 years, back-to-back cycles saw drops in raw turnout…

En banc Ninth Circuit unanimously upholds constitutionality of California law requiring sponsor of ballot initiative to be identified on signature-gathering petitions: The ruling can be read at:

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:


Where Rape Goes Unnoticed [The Marshall Project, 4/3/15]: The Prison Rape Elimination Act is making its way into state prisons, but what about all those county jails?

Eleven former Atlanta district employees convicted of racketeering charges in test cheating scandal [NSBA Legal Clips, 4/2/15]: The New York Times reports that an Atlanta jury convicted 11 educators for their roles in a standardized testing scandal. 11 of 12 former teachers, testing coordinators and administrators employed by Atlanta Public Schools (APS) were convicted on criminal charges related to a standardized test cheating scandal that tarnished a major school district’s reputation and raised broader questions about the role of high ­stakes testing in American schools. http://legalclips.nsba.org/2015/04/02/eleven-former-atlanta-district-employees-convicted-of-racketeering-charges-in-test-cheating-scandal/

School breathalyzer upheld in pre-prom testing [NSBA Legal Clips, 3/26/15]: A federal district court in Florida has ruled that school officials and local law enforcement did not violate students’ Fourth Amendment search rights when sheriff’s deputies searched a bus that the students had used for transportation to the prom.
Read the decision in Ziegler et. al v. Martin County School District 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:

California Appeals court: Yoga doesn't bend rules on religious freedom [AP, 4/3/15]: Yoga taught in a San Diego County school system is not a gateway to Hinduism and doesn't violate the religious rights of students or their parents, a California appeals court ruled Friday.
You can read the decision in Sedlock v. Baird at:
Read the post by Shaun Martin at the Cal. App. Report (4/3/15]:

College student rights group muscles up on campus free speech rights  [1st Amend. Coalition, 4/2/15]: The Foundation for Individual Rights in Education (FIRE) has mounted an aggressive campaign for college free speech rights with nine First Amendment lawsuits.

Jefferson Davis Statue May Come Down [CNS, 4/3/15]: The new student government's plan to remove a statue of Jefferson Davis from the University of Texas at Austin campus has stirred some controversy.

Reporters having difficult time prying information from government [1st Amend. Coalition, 4/2/15]: Reporters say that under the Obama administration, they are experiencing more roadblocks than ever.

Recitation of Pledge of Allegiance in Arabic leads to controversy at New York high school [NSBA Legal Clips, 3/30/15]: The Times Herald-Record reports that an effort to promote "Foreign Language Week" at Pine Bush High School (PBHS) became the tinder for a polarizing controversy in the school community when the Pledge of Allegiance was recited in Arabic during the regularly scheduled morning announcements at PBHS. 

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, Arkansas governors sign amended 'religious freedom' bills [Jurist, 4/3/15]: Governor Mike Pence signed into law on Thursday an amended version of the controversial Religious Freedom Restoration Act (RFRA) [text], which critics argued gave business owners the legal right to deny service based on sexual orientation. The amended legislation states that the religious freedom law does not authorize any business to refuse to provide service to any individual or customer based on sexual orientation or gender identity, in addition to race, color, religion, age, national origin, disability and military service.

Mrs. Murphy’s Wedding Services [Gerard Magliocca in Concurring Opinions, 4/2/15]: The recent discussion about the Indiana RFRA brings to mind the “Mrs. Murphy’s Boarding House” hypothetical that was debated when the Civil Rights Act of 1964 and the Fair Housing Act of 1968 were enacted.  

Supreme Court's Big Gay Pandora's Box [The Daily Beast, 4/1/15]: The idea that we should make gay marriage the law of the land and yet refuse to force businesses to follow that law is unjust and absurd.

15 states urge Supreme Court to uphold gay marriage bans [AP, 4/3/15]: Senate Majority Leader Mitch McConnell and presidential candidate Sen. Ted Cruz are among 57 Republicans in Congress who are calling on the Supreme Court to uphold state bans on same-sex marriage.

Washington Supreme Court: Public employee names are not private during investigation [AP, 4/2/15]: The Washington Supreme Court said Thursday that public employees don't have a right to privacy about the fact that they're being investigated. The ruling came after two workers with the Spokane School District, who have been on paid administrative leave for years, sought to have their names redacted on documents released under a public records request.
The ruling, a 5-4 decision, can be read at:

When Liberals and Conservatives Agree on Women's Rights [Politico, 3/31/15]: It's not as uncommon as you think.


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