Wednesday, May 6, 2015

Posts for May 6, 2015
These are the posts that are accumulated in our newsletter which goes out every 4-6 days during the school year. The posts are organized by the major units in our Con 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] Here are 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] Here are recent articles that are relevant to this unit:

The American Presidency [TOPIC 15]

States respond to US appeal in immigration lawsuit [AP, 5/5/15]: States fighting President Barack Obama's plan to spare millions of immigrants from deportation say they agree with a Texas judge who has temporarily blocked the president's action.

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:

They can't vote, but undocumented immigrants are California's newest political force [OC Register, 5/6/15]: They live in the country illegally. They pepper their rallies with the chant “undocumented and unafraid.” And they cannot vote.Still, some politicians have heard their voices.In California, undocumented immigrants have political clout. 

As Hillary Clinton arrives in Bay Area, a look inside pricey political fundraisers [CC Times, 5/5/15]: Hillary Clinton and many of the Bay Area's deep-pocketed Democratic donors are old buddies, but Wednesday will be the first time she comes with her hand out as a declared candidate for president in 2016. 

‘Kill the Gays’ Bill Inspires Push for Warnings Labels to Voters [SJInside, 5/5/15]:  Reasonable people agree that the infamous "kill the gays" bill is an affront to society, hateful piffle from some reclusive Bible-thumping attorney. Deplorable as it was, the “Sodomy Suppression Act” Matt McLaughlin proposed for the state ballot has managed to spark healthy discussion about the citizen initiative process.

Legislation and the Legislative Process (TOPIC 20)


Myers: Bills ‘Sponsored’ in Sacramento by Outside Groups Usually Become Law [KQED, 5/6/15]: There are a lot of reasons why legislation lives or dies at the state Capitol, but one powerful reason may be whether it’s been championed — or in some cases completely written — by influential interest groups. 

California lawmakers stall roadside test for drugged drivers [AP, 5/5/15]:  An Assembly committee has rejected making California one of more than a dozen states that allow police to conduct roadside testing for marijuana and other drugs.

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:


Court: warrantless cellphone tracking not illegal search [AP, 5/5/15]: Investigators do not need a search warrant to obtain cellphone tower location records in criminal prosecutions, a federal appeals court ruled Tuesday in a closely-watched case involving the rules for changing technology.

Justices Alito and Scalia Liken Death Penalty Opponents to Terrorists [Dorf on the Law, 5/4/15]: “Justices Alito and Scalia seem to be saying that if Glossip and other petitioners must be slowly burned to death (Justice Kagan's characterization), that's unfortunate, but necessary to prevent the terrorists, i.e., the death penalty opponents, from continuing in their hostage-taking.” Interesting.

Conservative Nebraska looks at abolishing death penalty  [AP, 5/5/15]: There's not a lot of sympathy for the 11 men on death row in Nebraska, but spurred by frustration about the growing difficulty and cost of carrying out executions, lawmakers are considering eliminating the death penalty.

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:

Student's Facebook Rant Against Teacher Is Free Speech, Judge Rules [School Law Blog, 5/6/15]: A federal district judge has ruled that an Oregon 8th grader's rant to a friend on Facebook that his health teacher was "just a bitch" and "she needs to be shot" was not a true threat of violence but was instead protected free speech.
The decision in Burge v. Colton School District can be found at:

Why Can Clergy Opt Out of Same-Sex Marriage? [Justia, 5/6/15]: Professor Dorf considers the intricacies of a question Justice Antonin Scalia posed during last week’s oral argument in the same-sex marriage cases—whether, if the Court finds a constitutional right to same-sex marriage, clergy who will not officiate at same-sex weddings must thereby forfeit the power to officiate at opposite-sex weddings. 

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:

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


John Paul Stevens says some Guantanamo Bay detainees should be given reparations [Wash Post, 5/5/15]: Retired Supreme Court justice John Paul Stevens said this week that the government should compensate detainees still being held at Guantanamo Bay even after authorities determined that they did not pose a threat to the United States.

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