Wednesday, August 19, 2015

Posts for August 19, 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:

Q&A: Explaining 'Birthright Citizenship [WSJ, 8/18/15]: Several Republican presidential candidates, including real-estate mogul Donald Trump and Wisconsin Gov. Scott Walker, have said they would deny U.S. citizenship to children of illegal immigrants, ending “birthright citizenship” in the country. The issue has come up from time to time as part of immigration debates and has a long pedigree in American constitutional law.

The Supreme Court could use some fixing [LA Times editorial, 8/19/15]: Arkansas Gov. Mike Huckabee says that the Supreme Court is "not the Supreme Being," and that if elected president, he would unilaterally act to ban abortion notwithstanding the court's decision in Roe vs. Wade. Sen. Ted Cruz of Texas, a onetime Supreme Court law clerk, has accused his former employers of acting as a "super legislature" and has proposed a constitutional amendment to require justices to face periodic retention elections.

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 American Presidency [TOPIC 15]

Confirming federal judges during the final two years of the Obama administration: Vacancies up, nominees down [Brookings, 8/18/15]: The Senate began a month-long recess on August 7, having confirmed five judges in 2015 compared to 26 at this point in President Bush’s seventh year in office and 11 in President Clinton’s. Then, as now, the party that controlled the Senate hoped in 14 months to regain control of the White House and judicial nominations.

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:

Marco Rubio Once Benefitted From Birthright Citizenship, Now He's Open to Restricting It [National Journ., 8/18/15]: Neither of Rubio's parents was a citizen at the time of his birth in 1971 in Miami. 

Legislation and the Legislative Process (TOPIC 20)


Legislature expected to exempt students who couldn’t take exit exam [EdSource, 8/18/15]: Students in the class of 2015 who haven’t passed the California High School Exit Exam may be able to graduate soon, based on action planned this week in the Legislature.

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


Prisoners Who Fight Wildfires in California: An Insider’s Look [The Marshall Project, 8/19/15]: For $2 a day, “It’s a hairy adventure, let me tell you.”

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:

Why the selfie is a threat to democracy [Reuters, 8/18/15]: What could be more patriotic in our narcissistic social-media age than posting a picture of yourself on Facebook with your marked ballot for president? Show off your support for former Secretary of State Hillary Clinton, Donald Trump, Senator Bernie Sanders (D-Vt.) or former Florida Governor Jeb Bush.  Last week, a federal court in New Hampshire struck down that state’s ban on ballot selfies as a violation of the First Amendment right of free-speech expression.

Offensive restrictions on free speech still common on U.S. campuses [FAC, 8/18/15]: A report by the Foundation for Individual Rights in Education (FIRE) reveals that U.S. colleges are illegally restricting students’ First Amendment rights. Its annual speech cold survey of 437 schools found that 55 percent retain codes that silence students.

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:

Legal "Round-up": Sexual Orientation and Gender Identity in the Education World [Lozano Smith News, 8/18/15]: While monumental on a national level, the Obergefell ruling is just the latest event in the rapidly changing legal landscape relating to issues of sexual orientation and gender identity. These issues are commonly described as affecting individuals who are lesbian, gay, bisexual, and transgender (LGBT).

http://www.lozanosmith.com/news_info.php?id=1290


The Sixth Circuit Says No to 'Butt Dial' Privacy [Justia, 8/19/15]: Professor Colb analyzes a recent decision by the U.S. Court of Appeals for the Sixth Circuit holding that when a person with a cellphone inadvertently calls a third party, thereby exposing personal communications, the caller retains no reasonable expectation of privacy in the matters disclosed for purposes of the federal Wiretap Act.

https://verdict.justia.com/2015/08/19/the-sixth-circuit-says-no-to-butt-dial-privacy


The Danger of Schools Monitoring Students' Social Media [EdLawProfsBlog, 8/19/15]: A growing number of reports reveal that schools are starting to more systematically monitor their students' social media.  

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


Q&A: Explaining 'Birthright Citizenship [WSJ, 8/18/15]: Several Republican presidential candidates, including real-estate mogul Donald Trump and Wisconsin Gov. Scott Walker, have said they would deny U.S. citizenship to children of illegal immigrants, ending “birthright citizenship” in the country. The issue has come up from time to time as part of immigration debates and has a long pedigree in American constitutional law.

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