Thursday, June 4, 2015


Posts for June 4, 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:

Magna Carta, Petition, and “The Ascent to Liberty” [Newseum Inst., 6/3/15]: The Magna Carta, Magna Charta, or Great Charter, has had an indelible impact on the development of American constitutional law, serving as the inspiration for many freedoms found in the U.S. Bill of Rights. http://www.newseuminstitute.org/2015/06/03/magna-carta-petition-and-the-ascent-to-liberty/

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:

Marijuana reform advocates win 3 of 4 in House [CC Times, 6/3/15]: Marijuana reform advocates won three of four battles in the House on Wednesday, as lawmakers approved amendments that forbid federal interference in state laws allowing medical use of marijuana and marijuana-based oils or industrial hemp uses.

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:

George W. Bush headlined private Jeb Bush event during Iraq flap [Politico, 6/4/15]: The former president held a private May 13 reception at San Francisco’s exclusive Pacific-Union Club, in the city’s ritzy Nob Hill neighborhood, according to a source familiar with the event. About 40 people were in attendance, though Jeb Bush was not. The reception benefited the super PAC, Right to Rise, which has been set up for the former Florida governor. 

The Only Thing we Have to Fear is the Other Party [Sabato’s Crystal Ball, 6/4/15]: How negative partisanship is dividing Americans and shaping the outlook for the 2016 election.

Gerrymandering the US House, 1972-2014 [Sabato’s Crystal Ball, 6/4/15]: Redistricting the U.S. House of Representatives is not a unified, national process, unlike most national legislatures. Rather, it’s the result of cumulative actions taken by individual states. 

Summer 2015 Bill of Rights in Action Available Online Now [CRF, 6/4/15]: This edition of the Bill of Rights in Action explores issues related to the 1960s. The first article looks at the Voting Rights Act of 1965, its success, and the 2013 U.S. Supreme Court decision striking down its extraordinary enforcement mechanism. Check it out!

Greenhut: High court could push California rightward [SD Unnion-Trib, 6/3/15]: California legislators have over the years been softening the distinction between citizens and noncitizens through a variety of measures that make it harder to deport unauthorized immigrants – and provide them with access to state programs. While a U.S. Supreme Court case won’t affect a state’s right to pass such measures, it could force state officials to make a firm distinction between citizens and noncitizens in divvying up electoral districts. 

Legislation and the Legislative Process (TOPIC 20)


Majority of Californians support mandatory vaccines for schoolchildren  [KQED, 6/3/15]:  Amid intense debate this year about a proposal to require children to be fully vaccinated before attending public schools, an overwhelming majority of Californians appears to support such a measure. 

Saunders: Adulthood — interrupted [SF Chron, 6/3/14]:  If the laws pass, 18 will make a Californian old enough to vote, to enlist in the military, to sign a contract, to buy a gun, to get a tattoo and to get married — but not old enough to buy a cigarette. Not for three years. 

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:


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:

Takeaways From the Facebook Threat and Title VII Head Scarf Cases Handed Down by the Court This Week [Justia, 6/4/15]: Professor Amar describes some important takeaway points from two cases decided by the U.S. Supreme Court earlier this week—Elonis v. United States and EEOC v. Abercrombie & Fitch.
https://verdict.justia.com/2015/06/04/takeaways-from-the-facebook-threat-and-title-vii-head-scarf-cases-handed-down-by-the-court-this-week

New Jersey teacher learns the pitfalls of commenting on social media after receiving a one year suspension of license for Facebook posts that mocked student’s name  [NSBA Legal Clips, 6/4/15]: The school district found her comments violated the district’s harassment, intimidation and bullying policy. A state panel suspended her teaching license for a year in a decision that the education commissioner upheld earlier this month. “Regardless of whether or not she intended her comments to be made public, [Yvette] Nichols’ conduct was immature and hurtful and falls below the ‘role model’ status that is expected of teachers,” the state panel wrote in its initial decision.

Illinois federal district court rules school district did not violate individual’s free speech rights when school official instructed him to stay off of school property and adjacent public sidewalk while distributing religious materials to students [NSBA Legal Clips, 5/28/15]: A federal district court in Illinois has ruled that neither a high school administrator nor the school district violated First Amendment free speech rights of an individual distributing religious materials to students on a public street adjacent to school property when the administrator, pursuant to school district policy/custom, instructed the individual leave school property and the school safe zone, and then had the school resource officer (SRO) order the individual to leave.

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:

Utah Court of Appeals rules that video from school camera was subject to FERPA disclosure restrictions because it was an “education record” [NSBA Legal Clips, 6/4/15]: The appellate court concluded that the videotape was an “education record” within the meaning of FERPA because it contained personally identifiable information of students. It rejected the plaintiff’s argument that FERPA’s application is limited to academic records. The appellate court found that the video: (1) contained information directly related to students; and (2) was maintained by persons acting for the school district.
Read the decision in Brymer v. Canyons School District at:


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


Dutch Civics Tests [CNS, 6/4/15]: Dutch authorities can require immigrants to pass integration exams but must consider whether high test costs and fines defeat the purpose of the policy, the European Court of Justice ruled on Thursday.

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