Friday, October 30, 2015

Posts for October 30, 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:

Judge: Obama appointees bring no big shift to D.C. Circuit [Politico, 10/30/15]: President Obama's installation of four new judges on the powerful D.C. Circuit Court of Appeals over a period of less than a year hasn't resulted in a dramatic shift in the outcome of cases, one of the new judges said Thursday night.

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:

Rising tide of interstate battles could swamp Supreme Court [Greenwire, 10/29/15]: Major decisions about how U.S. water is allocated among states are increasingly being made by nine lawyers who -- according to one of them -- "couldn't know less about it."

King v. Burwell: ACA Destruction Denied, ACA Expansion Enabled [Jurist, 10/28/15]: Professor Sanford discusses the decisive impact of the most recent Supreme Court ACA decision on the Marketplaces and also on state decisions regarding Medicaid expansion. 

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:

Report: California, U.S. candidates mostly white men [CC Times, 10/29/15]: White men still dominate electoral politics in California, though not by as wide a margin as the entire nation, a new report finds. 

Trump? Carson? Rubio steals the debate show [Politco, 10/28/15]: Donald Trump and Ben Carson may have stood at the center of the stage at Wednesday's debate, but Marco Rubio stole the show.

GOP campaigns plot revolt against RNC [Politico, 10/29/15]: Republican presidential campaigns are planning to gather in Washington, D.C., on Sunday evening to plot how to alter their party’s messy debate process — and how to remove power from the hands of the Republican National Committee. 

Special Interests Tighten Grip on Judicial Elections [CNS, 10/30/15]: Spending by special-interest groups in judicial races hit a record high last year, accounting for 29 percent of all money spent, a new Brennan Center report found.

Legislation and the Legislative Process (TOPIC 20)


Paul Ryan Elected House Speaker [CNN, 10/28/15]: Rep. Paul Ryan was officially elected as the 54th speaker of the House after he got the votes of 236 members by the full House of Representatives.

Will the Committee on Benghazi Find a Sense of Decency? [Justia, 10/30/15]: John Dean strongly critiques the House Select Committee on Benghazi for conducting itself without decency or civility.

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


Eyewitness Testimony Is Unreliable… Or Is It? [The Marshall Project, 10/30/15]: A new study of the data says it depends on timing.

Donorovich-Odonnell v. Harris [Cal. Appellate Blog, 10/29/15]: This blog about the case is worth a mention as it details the difference between the criminality of assisting in suicide and the act of suicide itself. Interesting.

What You Need to Know About the New Federal Prisoner Release [The Marshall Project, 10/28/15]: Five reasons it is (and is not) a big deal.

Deputy Fired for Incident with Teen in S.C. School [CNS, 10/28/15]: The Columbia, S.C. sheriff's deputy caught on video as he three a high school student to the ground and then dragged her across the floor and out of a classroom has been fired.

Appeals court won't block last month of NSA phone surveillance program [Politico, 10/29/15]: A federal appeals court panel that previously ruled the National Security Agency's controversial phone-metadata program was illegal declined Thursday to issue an order blocking the program in the remaining month before it is slated to shut down.
http://www.politico.com/blogs/under-the-radar/2015/10/appeals-court-wont-block-last-month-of-nsa-phone-metadata-program-215344

Class-Action Suit Against San Francisco Seeks to End Use of Cash Bail System [KQED, 10/29/15]: A federal class-action lawsuit filed Wednesday alleges San Francisco’s bail system is unconstitutional. 

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 Five: The 1st Amendment in the 21st century, banning panhandlers, Yik Yak, and Quentin Tarantino [Newseum, 10/29/15]: Scouring the web for 1st Amendment news is our job. Enjoy First Five, your regular dose of news.

Politics and perils of Muslim bashing on the campaign trail [Newseum, 10/29/15]: According to conventional presidential campaign wisdom, loose talk denigrating a religious tradition practiced by millions of Americans would seriously damage – if not sink – a candidate’s bid for the nomination of either major party.  

Panhandling laws face challenge after church signs ruling [AP, 10/30/15]: Cities trying to limit panhandling are facing a new legal hurdle because of a recent Supreme Court ruling that seemingly has nothing to do with asking for money. Federal judges in at least three states have cited a June ruling by the high court on the size of church signs as a reason for overturning anti-panhandling laws or sending cases disputing those laws back to lower courts for review. 

Anti-Muslim group wins appeal in Arab fest case [Detroit News, 10/28/15]: Christian evangelists who were kicked out of an Arab-American street festival in 2012 after carrying a pig's head and telling Dearborn Muslims they would 'burn in hell' won their federal appeal Monday and will be awarded damages.

No Right to Complain [Inside Higher Ed, 10/30/15]: A federal appeals court on Thursday ruled, 2 to 1, that five psychologists who wrote a memo criticizing the management of the counseling center at Georgia State University lacked First Amendment protections in their grievance.
Read the decision in Alves v. Board of Regents of the University of System of Georgia at:

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:

A 'Harry Potter' Defense of Affirmative Action [Bloomberg View, 10/29/15]: The most important document in the most important Supreme Court case of the year is the University of Texas’ brief arguing that it needs to use affirmative action to achieve diversity in its undergraduate class. 
Read the brief:

Federal Government Sides with Transgender Student in Fight to Gain Equal Access to Restroom [EdLawProfs blog, 10/30/15]: In September, a federal district court rejected the attempt of Gavin Grimm-a transgender student-to gain access to the boy's restroom in his public school in Gloucester County, Virginia.

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


After 150 Years, the Chinook Indian Nation Still Fights for Federal Recognition [CNS, 10/29/15]: A light breeze ruffled the dark hair of Chinook tribal member Roni Layman as she pointed out the hilltop spot above the Pacific ocean where her ancestors once lived in cedar longhouses. The spot, originally part of a vast network of villages, has become ground zero for what the once-mighty Indian nation calls a fight for its very existence.

How 4 Federal Lawyers Paved the Way to Kill Osama bin Laden [NY Times, 10/28/15]: Weeks before President Obama ordered the raid on Osama bin Laden’s compound in May 2011, four administration lawyers developed rationales intended to overcome any legal obstacles — and made it all but inevitable that Navy SEALs would kill the fugitive Qaeda leader, not capture him.


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