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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