Tuesday, September 8, 2015

Posts for September 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:

Constitution Check: Did the Supreme Court take away states' power over marriage? [Constitution Daily, 9/8/15]: Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at remarks made by a Tennessee judge that his court lacked the power to decide a divorce case because of the Supreme Court’s Obergefell decision.

The American Presidency [TOPIC 15]

Obama issues executive order mandating paid sick leave for federal contractors [Jurist, 9/8/15]: President Obama on Monday issued an executive order that requires federal contractors to provide at least seven days of paid sick leave to employees. Obama announced his intent during a Labor Day speech in Boston, where he simultaneously urged Congress to pass the Healthy Families Act [H.R. 1286], which would provide similar sick leave for all employees of companies with more than 15 employees. 

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:

 

How Donald Trump rewired the 2016 campaign [Politico, 9/8/15]: In three short months, the real estate mogul has altered nearly every aspect of the GOP presidential race and left rivals like Jeb Bush scrambling to respond. 

http://www.politico.com/story/2015/09/donald-trump-2016-campaign-gop-jeb-bush-213391

 

Dr. Politics: Trump gives GOP a wet willy [Politico, 9/8/15]: Ask Dr. Politics! You are fair and we are unbalanced!

http://www.politico.com/story/2015/09/simon-says-election-2016-hillary-clinton-donald-trump-213386

 

Ted Cruz to Star in Government Shutdown, the Sequel [Bloomberg, 9/8/15]: The presidential candidate plots another shutdown fight that could boost his prospects in the Republican primary.

Huckabee, Cruz plan to meet with jailed Kentucky clerk [AP, 9/8/15]: Two Republican presidential candidates planned jailhouse meetings Tuesday with Kentucky clerk Kim Davis, raising her conservative-hero status as she remains behind bars over her refusal to give marriage licenses to gay couples.

Citizens United struggle is deeply personal for Clinton [AP, 9/8/15]: "I want to tell you, Citizens United was about me," the Democratic presidential front-runner said last month in Iowa. "Think how that makes me feel. A lot of people don't know that, but the backstory is eye-opening."


Legislation and the Legislative Process (TOPIC 20)


Major Calif. Climate Bills Hinge on Moderate Democratic Holdouts [CNS, 9/8/15]: Two California climate change bills calling for a 50 percent reduction in vehicle fuel use and expansion of renewable energy are in limbo, facing holdouts by moderate Democrats days before a critical deadline.

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

 

And The Winner Is . . . Screwed [Simple Justice, 9/8/15]: An update on Rodriguez v. U.S.

Italy top court: Amanda Knox conviction based on poor case [AP, 9/7/15]: Italy's top criminal court has scathingly faulted prosecutors for presenting a flawed and hastily constructed case against Amanda Knox and her former Italian boyfriend, saying Monday it threw out their convictions for the 2007 murder of her British roommate in part because there was no proof they were in the bedroom where the woman was fatally stabbed.

Demonizing #BlackLivesMatter: The Latest Challenge to Criminal Justice Reform [Justia, 9/8/15]: Professor Margulies describes the latest challenge to criminal justice reform as the demonization of the #BlackLivesMatter movement. 

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:

First Amendment Law Takes a Hit [Jost on Justice, 9/7/15]: Did the Walker and Reed decisions get the law wrong but the result correct? See this post which claims the “court laid down inflexible rules that may come back to haunt in future free-speech cases.”

Blogging Teacher Doesn't Have Free-Speech Case [CNS, 9/8/15]: The Third Circuit shot down claims from a Pennsylvania schoolteacher who was fired after blogging about "scornful feelings" for her students. This is the Monroe case upon which we previously posted.

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:

NM Supreme Court to review assisted suicide case [NM Appellate Law Blog, 9/8/15]: The New Mexico Supreme Court has granted certiorari in Morris v. Brandenburg, the case in which the plaintiffs are claiming that a right to assistance in committing suicide exists under the New Mexico Constitution. Last month, the Court of Appeals held, in a 2-1 decision, that the state constitution creates no such right.

 

Greenhut: Unions prep for end to mandatory dues [SD Union-Trib, 9/8/15]: The state’s public-employee unions are among the most powerful interest groups in the Capitol, yet an effort to sneak some language into a bill during the last week of the legislative session shows the degree to which even these lobbies fear a coming rollback in their financial power.

http://www.sandiegouniontribune.com/news/2015/sep/07/orientation-bill-preparation-end-mandatory-dues/


Students Challenge New Jersey's New Graduation Requirements [CNS / EdLawProfsBlog, 9/8/15]: The parents of five high school students and the Education Law Center are challenging New Jersey's new diploma requirements, claiming the state didn't follow its rules in making the changes.

http://www.courthousenews.com/2015/09/08/n-j-called-to-task-over-new-graduation-rules.htm

http://lawprofessors.typepad.com/education_law/2015/09/students-challenge-new-jerseys-new-graduation-requirements.html

 

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


Germany urges EU to accommodate influx of refugees [Jurist, 9/8/15]: German Chancellor Angela Merkel on Monday urged other EU countries to assist in accommodating the influx of refugees from Iraq, Syria, and Afghanistan; saying that the burden cannot fall on a just a few countries. 


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