Wednesday, July 8, 2015

Posts for July 8, 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:

Texas Could Become an Even More Dangerous Place [Slate / Volokh Conspiracy / Institute for Justice, 7/7/15]: The state Supreme Court just gave itself the power to strike down health and safety regulations it finds 'oppressive.' The startling decision revives a dangerous, widely discredited doctrine that gives judges authority to strike down economic regulations that interfere with the free market. By resuscitating it, the Texas Supreme Court has effectively declared that laissez-faire capitalism is the only true form of American liberty.

The American Presidency [TOPIC 15]

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:

What the Supreme Court’s Arizona Redistricting Ruling Means for Presidential (Not Just Congressional) Election Reform [Justia, 7/8/15]: Professor Amar comments on the U.S. Supreme Court’s recent decision holding that “legislature”—as used in the Elections Clause of Article I, Section 4, of the Constitution—includes within its definition the people of a state undertaking direct democracy.

Hillary confronts the enemy [Politico, 7/7/15]: For the first three months of her campaign, Clinton remained virtually off limits to the national media. But on Tuesday she sat for her first nationally broadcast interview.

Legislation and the Legislative Process (TOPIC 20)


Senate clears first circuit judge nominee of 2015 [The Hill, 7/7/15]: The Senate approved its first circuit judge nomination of the year on Tuesday. Senators voted 95-0 on Kara Stoll's nomination to be a U.S. circuit court judge for the federal circuit, making her the first Latina to be approved for the court.

California lawmakers shelve controversial aid-in-dying bill [Capitol Weekly, 7/7/15]: Lacking the votes to pass a key committee, a bill that would allow physicians to prescribe lethal doses of drugs to terminally ill patients in California is shelved until next year.

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

 

Cosby in Context [The Marshall Project, 7/7/15]: Seven facts about rape.

https://www.themarshallproject.org/2014/11/21/in-light-of-the-bill-cosby-scandal

 

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:

What Are the Limits of 'Religious Liberty'? [NY Times Sunday Mag, 7/7/15]: Making exceptions to the law for people of faith has become part of the American definition of religious tolerance, part of our ethos of live and let live. It has also helped keep the peace in a polyglot nation. But when basic values and rights collide, usually somebody wins and somebody loses. It becomes difficult to find mutual compassion, even if that would be the godly thing to do.

Iowa students fight back after college administration cramps their freedom [FAC, 7/7/15]: Engaged in a legal battle with their community college administration, Iowa students were successful in raising money to start an independent newspaper. 

Free speech issue: Oregon bakery fined for refusing to bake cake for same-sex marriage ceremony [FAC, 7/7/15]: The Sweet Cakes by Melissa bakery cited their religious beliefs in refusing the service. The bakery said they will appeal the ruling.

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]


Who qualifies to be an Indian? Ninth Circuit Sitting En Banc Announced “Indian Status” Test under Major Crimes Act [Cronkite News Service, 7/7/15]: In separate concurring opinions, two judges said the court's reliance on the 'degree of Indian blood' would have the effect of applying the law on racial grounds. The ruling dredged up the 'sorry history' of days when courts used 'blood quantum tests to determine who was a slave and who was free,' they said.
The ruling in U.S. v. Zepeda can be found at:

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