Posts for August 21, 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.

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:

Term limits and the Supreme Court: Is it bad to have a bunch of old judges? [The Economist, 8/20/15]: Netflix’s “House of Cards” plotline calls attention to the fact that, barring death or an impeachable offence, the justices themselves decide when to hang up their robes. And today’s Supremes are no spring chickens.

http://www.economist.com/blogs/democracyinamerica/2015/08/term-limits-and-supreme-court

Who are “The People”? 7th Circuit Creates Circuit Split: Non-Citizens are 'The People' Under the Second Amendment [Josh Blackman’s blog, 8/20/15]: Writing for the 7th Circuit, Judge Wood parted company with the 4th, 5th, 8th, and 10th Circuits, and found that the Second Amendment protects non-citizens, as they are part of “the people.”

http://joshblackman.com/blog/2015/08/20/7th-circuit-creates-circuit-split-non-citizens-are-the-people-under-the-second-amendment/

The benefit of friends: Big business goes after class actions in SCOTUS Tyson case [Reuters blog, 8/20/15]: Class actions face a fundamental threat in the upcoming U.S. Supreme Court term. We already had evidence from the 17 amicus briefs class action foes filed last month in Spokeo v. Robins, urging the justices to do away with class actions based on federal laws granting consumers a private right of action to enforce statutory violations. Now business groups are piling on in Tyson Foods v. Bouaphakeo.

http://blogs.reuters.com/alison-frankel/2015/08/20/the-benefit-of-friends-big-business-goes-after-class-actions-in-scotus-tyson-case/

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:

The American Presidency [TOPIC 15]

House lawsuit against Obama is turning into a real problem for the president [LA Times, 8/20/15]: An unprecedented House lawsuit against President Obama that was once derided as a certain loser looks stronger now and may soon deliver an early legal round to Republican lawmakers complaining of executive branch overreach.

http://www.latimes.com/nation/la-na-obama-lawsuit-20150820-story.html

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:

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

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:

Full Appeals Court Upholds Discipline of Student Over Violent Web Rap [School Law Blog / SPLC, 8/21/15]: The court holds that a Mississippi student's off-campus rap recordings that allude to shooting two teachers is not protected by the First Amendment. The U.S. Court of Appeals for the 5th Circuit, in New Orleans, ruled 13-3 that school officials reasonably concluded that the rap video made by student Taylor Bell in 2011 was directed at school and threatened two teachers.

http://blogs.edweek.org/edweek/school_law/2015/08/full_appeals_court_upholds_dis.html?utm_source=feedblitz&utm_medium=FeedBlitzRss&utm_campaign=theschoollawblog

http://www.splc.org/article/2015/08/taylor-bell-loses-appeal

Read the en banc 5^th Circuit decision in Taylor Bell v. Itawamba County School Board:

http://www.ca5.uscourts.gov/opinions/pub/12/12-60264-CV2.pdf

The original 3-judge ruling can be found at:

http://www.ca5.uscourts.gov/opinions/pub/12/12-60264-CV0.pdf

Teachers at Catholic high schools ink contract after close vote [SF Chron, 8/20/15]: The move capped a contentious fight over the extent to which their private lives could be linked to their jobs, after Archbishop Salvatore Cordileone initially proposed adding morality clauses to the contract and an employee handbook. 

http://www.sfgate.com/bayarea/article/Catholic-teachers-ink-contract-after-close-vote-6456580.php

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:

New Study Finds White Teachers Have Far Lower Expectations for Black Students [EdLawProfsBlog, 8/21/15]: A new study by Seth Gershenson, Stephen Holt, and Nicholas Papageorge finds a disturbing trend of racially disparate expectations for students based on race. 

http://lawprofessors.typepad.com/education_law/2015/08/new-study-finds-white-teachers-have-far-lower-expectations-for-black-students.html

Read the full study:

http://research.upjohn.org/cgi/viewcontent.cgi?article=1248&context=up_workingpapers

No New Laws to Guide Teacher Evaluation Process Negotiations for the 2015-2016 School Year [AALR Legal News, 8/19/15]: During the 2015-2016 school year, many school districts will be studying changes to their teacher evaluation instruments and proposing changes to teacher evaluation procedures at the bargaining table.  High profile litigation filed recently in Contra Costa County, alleging unlawful collective bargaining agreement language in thirteen districts across the state, has highlighted the issue during the summer. Unfortunately, there won’t be any new laws to provide districts with direction as to how to go about this process.

http://www.aalrreducationlaw.com/no-new-laws-to-guide-teacher-evaluation-process-negotiations-for-the-2015-2016-school-year/