Posts for November 2, 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:

The Worst Supreme Court Justice in History? [OZY, 11/2/15]: On the scale of historical disengagement on America’s high court, however, Thomas’ transgressions are pretty minor. The court’s history is riddled with undistinguished jurists who never approached Thomas’ hundreds of opinions and quarter century on the bench.

http://www.ozy.com/flashback/the-worst-supreme-court-justice-in-history/61632

Supreme Court Questions How To Handle Jury Selection Discrimination Case [Buzzfeed / NPR, 11/2/15]: Questions of procedure bogged down nearly half of the hour-long arguments.

http://www.buzzfeed.com/chrisgeidner/supreme-court-questions-how-to-handle-jury-selction-discrimi#.bkeaqD0Ea

http://www.npr.org/2015/11/02/452898470/supreme-court-takes-on-racial-discrimination-in-jury-selection

Can Courtroom Prejudice Be Proved? [The Marshall Project, 11/2/15]: The Supreme Court considers what it takes to show that prosecutors, when they pick juries, are discriminating against minorities.

https://www.themarshallproject.org/2015/11/02/can-courtroom-prejudice-be-proved?ref=hp-1-121

Madison’s Notes on the Federal Convention [Gerard Magliocca in Concurring Opinions, 11/2/15]: “I can’t recall being as excited to read a new book as I am about starting Mary Sarah Bilder’s Madison’s Hand: Revising the Constitutional Convention.”

http://concurringopinions.com/archives/2015/11/madisons-notes-of-the-federal-convention.html

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:

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:

Justice Kennedy Heed Justice Kennedy: Money Buys Influence [Election Law Blog, 11/2/15]: Many people know of Justice Anthony Kennedy’s controversial 2010 Supreme Court opinion in Citizens United, in which he assured the American people that independent spending in elections cannot corrupt or create the appearance of corruption, and that “ingratiation and access” aren’t corruption.

http://electionlawblog.org/?p=77167

Campaigns beginning earlier under term limits, fund caps [SF Chron, 10/30/15]: Insurance Commissioner Dave Jones is running for state attorney general, and he wants everyone to know it. 

http://www.sfchronicle.com/politics/article/Campaigns-begin-earlier-and-earlier-under-term-6602281.php?t=518077f35d00af33be&cmpid=twitter-premium

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

The Second Principle: The Demand for Even-Handed Justice [Justia, 11/2/15]: Professor Margulies describes one of the bedrock principles of a legitimate criminal justice system: the obligation of government to be fair and even handed. Margulies describes several examples of how governments have fallen short in this respect and argues that without even-handed justice, there cannot be a truly legitimate criminal justice system. 

https://verdict.justia.com/2015/11/02/the-second-principle-the-demand-for-even-handed-justice

Supreme Court adds firearm possession case to docket [CNS / Jurist, 11/2/15]: The Supreme Court agreed Friday to decide a case where two convicted domestic abusers have been barred from owning firearms.

http://www.courthousenews.com/2015/11/02/domestic-abusers-take-gun-case-to-high-court.htm

http://jurist.org/paperchase/2015/11/supreme-court-adds-firearm-possession-case-to-docket.php

The case is Voisine v. U.S. and can be seen at:

Will the Roberts court abolish capital punishment? [The Hill, 11/1/15]: The high court under Chief Justice John Roberts has in recent terms agreed to rule on cases related to how states handle death penalty prosecutions and conduct executions, but has yet to weigh in on whether the practice violates the Eighth Amendment’s prohibition against cruel and unusual punishment. 

http://thehill.com/regulation/court-battles/258711-will-the-roberts-court-abolish-capital-punishment

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:

Can We Tolerate Tolerance? [Concurring Opinions, 11/2/15]: We live in a tolerant society. Of course, that is an exaggeration. But when it comes to so many flashpoint issues – ranging from blasphemy to race-hate speech – we are far more tolerant than almost all other nations, so much so that we are routinely criticized for being too tolerant. It is our badge of honor . . . and dishonor.

http://concurringopinions.com/archives/2015/11/can-we-tolerate-tolerance.html

What are Today’s Greatest Threats to Free Speech? [Newseum, 11/2/15]: What are the greatest threats to free speech?  A recent free-speech discussion co-sponsored by the Newseum Institute and Spiked magazine posed that question. David L. Hudson, Jr., weighs in. Interesting.

http://www.newseuminstitute.org/2015/11/02/what-are-todays-greatest-threats-to-free-speech/

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:

Defending Affirmative Action [Inside Higher Ed, 11/2/15]: No consensus exists in American society about the practice of colleges considering race in admissions decisions. 

https://www.insidehighered.com/news/2015/11/02/college-groups-urge-supreme-court-allow-colleges-continue-consider-race-admissions