Monday, July 6, 2015

Posts for July 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.

Can We Fix Poor Schools Without Fixing Poverty? [EdLaw Profs Blog, 7/6/15]: An article in the Atlantic, drawing on the research of Pamela Cantor, says we can.  Cantor frames the problem as one of childhood trauma.  She finds that poverty has effects on brain and other development that mirrors that of other types of childhood trauma. 

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 wrinkle in the Affordable Care Act decision [George Will in the Wash Post, 7/5/15]: In the ACA case, the court denied the power of the IRS — and, inferentially, the power of the executive branch — to be the final word on statutory interpretation. Instead, the court, in the act of deference to Congress’s objective in enacting the ACA, asserted its power to render the final, if properly deferential, word in interpreting what Congress does. Thus did judicial aggression against one branch come cloaked in the cloth of deference to another. Only time will tell whether this has implications down the road. (See Marbury.)

The American Presidency [TOPIC 15]

Judge not: GOP blocks dozens of Obama court picks; The standoff could diminish the stamp that Obama leaves on the judiciary [Politico, 7/5/15]: The GOP-controlled Senate is on track this year to confirm the fewest judges since 1969, a dramatic escalation of the long-running partisan feud over the ideological makeup of federal courts.

Judge not: GOP blocks dozens of Obama court picks; The standoff could diminish the stamp that Obama leaves on the judiciary [Politico, 7/5/15]: The GOP-controlled Senate is on track this year to confirm the fewest judges since 1969, a dramatic escalation of the long-running partisan feud over the ideological makeup of federal courts.

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:

The city on the hill(s) for Obama alums [Politico, 7/5/15]:  San Francisco and its tech firms are a prime destination for aides leaving the administration. 

Legislation and the Legislative Process (TOPIC 20)


Returning from holiday break, Congress faces busy agenda, looming deadline to fund government [AP, 7/5/15]: Members of Congress return Tuesday from July Fourth fireworks and parades facing a daunting summer workload and an impending deadline to fund the government or risk a shutdown in the fall.

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:

State of the First amendment—2015 [Newseum Institute, 7/3/15]: The State of the First Amendment survey, conducted each year since 1997 by the Newseum Institute’s First Amendment Center, tests Americans’ knowledge of their core freedoms and samples their opinions on First
Read the full report:
Here’s the info graphic to share with students:

The 1st Amendment and the Power of Fear [Newseum Institute, 7/3/15]: This year’s survey results — based on phone interviews with 1,002 adults nationwide in mid-May — offers more proof that fear can put at risk our most cherished freedoms to believe, say and write what we will, and our ability to seek change in how our government operates.

New Thought on “The Flag” and a New Lyric Line for “Dixie” [Newseum Institute, 7/3/15]: Amid all the discussion and debate over public display of the Confederate flag, where do Americans actually agree or disagree?

Survey Shows Support for Students’ Off-Campus, Online Speech [David L. Hudson at the Newseum Institute, 7/3/15]: The most pressing question in student speech (K-12) law is “When are school officials allowed to exert authority over students for off-campus, online speech?”

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:

The next front in battle over gay rights [The Hill, 7/5/15]: The Supreme Court’s ruling on gay marriage opens the door to host of new benefits for same-sex couples, but claiming them means coming out of the closet to employers who may not share the court’s opinion. 

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