Friday, December 18, 2015

Posts for December 18, 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:

Chief Justice Roberts Overlooked Stock Conflict in Case [Bloomberg View, 12/17/15]: Chief Justice John Roberts overlooked a conflict of interest when the U.S. Supreme Court rejected two appeals in an environmental-cleanup case earlier this year. Roberts took part in the court’s Oct. 5 disposition of the case even though he or a close family member owned stock in Texas Instruments Inc., one of the companies that sought review.

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:

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:

Convention cliffhanger looming for the GOP? [Riggs Report, 12/17/15]: Donald Trump, in addition to confounding predictions and polling, is also creating some heartburn for Republican Party insiders. The possibility of a standoff creates great drama, which is why political reporters love to talk about it.

The New Attack on Hispanic Voting Rights [NY Timies Sunday Mag, 12/17/15]: After the Supreme Court decision that gutted the Voting Rights Act, tactics to suppress minority voting are flourishing -- especially in states where Hispanic voters are reshaping the electorate.

Legislation and the Legislative Process (TOPIC 20)


President signs “Every Student Succeeds Act” into law, signaling new direction in accountability [NSBA Legal Clips, 12/14/15]: The President said that the law holds everyone to high standards and dedicates resources “to our most vulnerable children.” One key feature of NCLB remains: Students will still take the federally required statewide reading and math exams. But the new law encourages states to limit the time students spend on testing and diminishes the high stakes for underperforming schools. By turning more decision-making powers back to the states, the law would end more than a decade of what critics have derided as one-size-fits-all federal policies dictating accountability and improvement for the nation’s 100,000 or so public schools.

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


District attorney’s office declines to bring criminal prosecutions in extensive student sexting case [NSBA Legal Clips, 12/15/15]: the District Attorney said the investigation into the scandal failed to show that any adults were involved. None of the 351 images were posted to the Internet, and there was no evidence of coercion or bullying, LeDoux said. Some 106 children were involved in some way in the exchanges of explicit photos. 

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:

Missouri district’s ban on Confederate flag displays reveals opposing opinions among students [NSBA Legal Clips, 12/16/15]: Students at Seneca High School are divided about whether displaying the Confederate flag is appropriate. Some students on both sides of the issue have signed petitions about the flag. The Superintendent said students were told they needed to stop displaying Confederate flags on school property, effective Nov. 30, and that anyone who disobeys could be disciplined.

New Jersey legislator introduces bill to grant student journalists protection from censorship [SPLC, 12/17/15]: Student journalists in the Garden State might soon have an extra level of protection from administrative censorship.

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:

Alabama lesbian mother gets support in fight before U.S. Supreme Court [Birmingham News, 12/17/15]: At least seven groups or coalitions of adoption advocates, constitutional and family law scholars and experts filed friends of the court briefs Thursday to the U.S. Supreme Court in support of a lesbian mother in Alabama who is asking justices to review an Alabama Supreme Court order refusing to recognize her adoption of her three children.

How One Might Have Answered Justice Scalia’s Questions (About the Mismatch Theory) at Oral Argument in the Fisher Case [Justia, 12/18/15]: Professor Amar and attorney Schaps discuss Justice Scalia’s provocative comments during last week’s oral argument in Fisher v. University of Texas. They point out that viewed in the most charitable light, Scalia’s comments are actually an attempt to articulate an academic theory—known as mismatch theory—not simply bare racism.


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