Posts for August 20, 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 (5^th ed.) student textbook.

California is Sinking as Its Water Goes [CNS, 8/20/15]: Overpumping of California's dwindling groundwater supply is causing the Central Valley to sink at a historic pace, in some places 2 inches per month, according to a NASA report released Wednesday.

http://www.courthousenews.com/2015/08/20/california-is-sinking-as-its-water-goes.htm

The National School Boards Association (NSBA) and the Ohio School Boards Association (OSBA), along with fifteen other national education groups, filed an amicus brief with the U.S. Supreme Court, in Schott v. Wenk, asking the Court to review the U.S. Court of Appeals for the Sixth Circuit’s ruling that individuals designated mandatory reporters of suspected child abuse and neglect under state law may be liable for reporting such abuse based on a federal retaliation claim [NSBA Legal Clips, 8/19/15]: The Sixth Circuit concluded that a statutorily mandated reporter of known or suspected child abuse was not entitled to qualified immunity from liability under section 1983 even though there was evidence in the record to support a reasonable basis to suspect abuse and the report was not materially false.

http://legalclips.nsba.org/2015/08/19/sua-sponte-nsba-and-osba-along-other-national-education-groups-file-amicus-brief-with-the-u-s-supreme-court-urging-it-to-review-and-overturn-sixth-circuits-erroneous-decision-denying-mandatory-r/

You can read the amici petition by going to:

http://www.nsba.org/sites/default/files/reports/NSBA%20Brief-15-54_%20Schott_Wenk.pdf

The underlying 6^th Circuit decision (Wenk v. O’Reilly) [4/15/15] can be accessed at:

http://law.justia.com/cases/federal/appellate-courts/ca6/14-3334/14-3334-2015-04-15.html

A very brief summary of the case can be found here:

http://www.appellatebriefs.net/blog/2015/4/15/a-petty-tyrant-and-a-parents-nightmare

I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Who Wins in the Supreme Court? An Examination of Attorney and Law Firm Influence [SSRN, 8/13/15]: Who are the most successful attorneys in the U.S. Supreme Court? This article analyzes the amount of language shared between the briefs and the decisions. You can read the abstract and download the article at:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2643826

Jury Nullification Group Fights Denver [CNS, 8/20/15]: The Fully Informed Jury Association, advocates for jury nullification, claims Denver police illegally arrested two members on bogus felony charges of jury tampering as they distributed leaflets outside a courthouse.

http://www.courthousenews.com/2015/08/20/jury-nullification-group-fights-denver.htm

II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5^th edition of Constitutional Law] Here are recent articles that are relevant to this unit:

"[W]e consider whether Congress may prohibit individuals from engaging in non-commercial 'illicit sexual conduct' after they 'travel in foreign commerce.'" Yesterday, a unanimous three-judge panel of the 4^th U.S. Circuit Court issued a decision rejecting a Foreign Commerce Clause challenge to the constitutionality of 18 USC § 2423(c). Check out the decision in U.S. v. Bollinger at:

http://www.ca4.uscourts.gov/Opinions/Published/144086.P.pdf

III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

 

Dems 2016: Biden His Time [Sabato’s Crystal Ball, 8/20/15]: If there’s a Clinton crash, the vice president might not be the only one who exploits it.

http://www.centerforpolitics.org/crystalball/articles/democrats-2016-biden-his-time/

IV. Criminal Law and Procedure (4^th, 5^th, 6^th, and 8^th amendments) [See TOPICS 21-28 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit

Talking About the Death Penalty, Court to Court [Linda Greenhouse in the NY Times, 8/20/15]: The Connecticut Supreme Court could have taken an easy route to finding the state’s death penalty unconstitutional in the decision it issued last week. 

http://www.nytimes.com/2015/08/20/opinion/talking-about-the-death-penalty-court-to-court.html?_r=0

V. 1^st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Despite Settled Law, Schools Still Struggle to Get Religion Right [Charlie Haynes of the Newseum Institute, 8/20/15]: Although I can’t cite a scientific survey to prove it, I have detected a recent upswing in conflicts over religion in public schools. Just as I was beginning to believe that most schools were finally getting religion right, it appears that the trend is in the other direction.  

http://www.newseuminstitute.org/2015/08/20/despite-settled-law-schools-still-struggle-to-get-religion-right/

An interesting way to review “copyright” law with students: Copyright Case Asks: What is a Cheerleading Uniform? “Are cheerleading uniforms truly

cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks?” Read the decision in Varsity Brands v. Start Athletica:

http://www.ca6.uscourts.gov/opinions.pdf/15a0194p-06.pdf

VI. 14^th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Use this when discussing “procedural due process” and Goss v. Lopez: Federal district court in Virginia rules student has stated a valid claim that he was deprived of procedural due process because school officials refused to disclose the results of “field testing” done on substance officials claimed was marijuana [NSBA Legal Clips, 8/14/15]:

http://legalclips.nsba.org/2015/08/14/federal-district-court-in-virginia-rules-student-has-stated-a-valid-claim-that-he-was-deprived-of-procedural-due-process-because-school-officials-refused-to-disclose-the-results-of-field-tes/

The decision in RMB v. Bedford County School Board can be found at:

https://cases.justia.com/federal/district-courts/virginia/vawdce/6:2015cv00004/97206/43/0.pdf?ts=1436364927

 

New Jersey district reaches tentative settlement in suit brought by parents of student disciplined for alleged bullying [NSBA Legal Clips, 8/17/15]: The Record reports that the Tenafly Borough Board of Education is close to settling a suit brought by the parents of a student they claim was wrongly accused by school officials of bullying. In addition to a $21,000 payment towards legal fees, the agreement calls for documents related to the litigation to be removed from the child’s record and rendered ineligible for use as a platform for progressive discipline, said F. Michael Daily, the attorney representing the parents.

http://legalclips.nsba.org/2015/08/17/new-jersey-district-reaches-tentative-settlement-in-suit-brought-by-parents-of-student-disciplined-for-alleged-bullying/

The North Jersey Record story [8/11/15] is at:

http://www.northjersey.com/news/tenafly-family-s-lawyer-says-settlement-with-school-district-over-bullying-lawsuit-is-near-1.1390640

Jared Fogle, Ashley Madison, and When Will We Have the Fences that Make for Privacy and Safety on the Internet? [Justia, 8/20/15]: Hamilton discusses the need for effective fences on the Internet that protect privacy but also permit authorities to enforce the law. Hamilton illustrates this need using examples such as the case of Jared Fogle, the former Subway spokesperson who is pleading guilty to charges of child solicitation and pornography, as well as the Internet’s use as a tool for empowerment for victims of child sex abuse.

https://verdict.justia.com/2015/08/20/jared-fogle-ashley-madison-and-when-will-we-have-the-fences-that-make-for-privacy-and-safety-on-the-internet

School Funding Litigation Over the Past Year by Molly Hunter [EdLawProfs Blog, 8/20/15]: School funding litigations seeking better educational opportunities for underserved students continue in state trial courts and supreme courts across the country, including in Arizona, Colorado, Connecticut, Florida, Kansas, New Jersey, New Mexico, New York, Pennsylvania, South Carolina, Tennessee, Texas and Washington.

http://lawprofessors.typepad.com/education_law/2015/08/school-funding-litigation-over-the-past-year-by-molly-hunter.html