Thursday, December 10, 2015

Posts for December 10, 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.

The Top 5 Legal Stories in 2016 [The New Yorker, 12/8/15]: It’s time for my annual year in review in advance. Here are what will be the top five legal stories of 2016. Accuracy guaranteed! Ish.

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:

Six Snowballs Thrown in Gun Control Debate [The New Yorker, 12/8/15]: In the debate about the necessity of bringing America into agreement with the rest of the civilized world on the issue of guns and gun killings, there are some persistent snowballs-in-the-Senate that keep getting thrown, which need to be mopped up as they melt.

With nation's 1st ban on abortion method at stake, Kansas court ponders new state protections [AP, 12/9/15]: A lawsuit blocking Kansas' first-in-the-nation ban on a common second-trimester method for terminating pregnancies forced an appeals court Wednesday to wrestle with whether the state constitution independently protects abortion rights.

Appeals court asked to declare Arizona abortion law illegal [Ariz. Daily Star, 12/9/15]: An attorney for civil rights groups asked a federal appellate court Wednesday to give them a chance to prove that a state abortion restriction is aimed at minorities and unconstitutional.

Could New California Law Prevent Mass Shootings? [CPR, 12/9/15]: California law enforcement agencies will get a new tool in January that they hope could prevent mass shootings. The new law is drawing criticism from gun rights advocates, while last week’s San Bernardino shooting has supporters hoping to expand its reach.

Guns and Abortion [Gerard Magliocca in Concurring Opinions, 12/9/15[: “I guess I should say something about the most recent discussion on guns in the United States. My take is that the answer to the problem of gun violence rests on changing culture rather than law….”

The American Presidency [TOPIC 15]

Obama uses slavery speech to strike back at Trump [Politico, 12/9/15]: Americans betray their past and their ideals if they fail to “push back against bigotry in all its forms,” President Obama said Wednesday in a veiled but forceful rebuttal to Donald Trump. Obama's speech on Capitol Hill was officially a commemoration of the Constitutional amendment that ended slavery. But his contemporary message was unmistakable in the context of the explosive national debate over discrimination prompted by Trump’s call to block Muslims from entering the United States.

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:

The justices go fundamental: Who is entitled to representation in America? [The Economist, 12/9/15]: Two hundred and twenty-six years after America’s Constitution was ratified, it might come as a surprise to learn that a fundamental question about the nature of the republic has never been resolved—or even posed.

Donald Trump and the Need for Civil, Accurate Discourse [Justia, 12/10/15]: Professor Hamilton argues that Trump and his extreme comments illustrate the need for civil, accurate discourse, rather than blunderbuss and showmanship. 

Poll: Trump's statements on Muslims [SD Union-Trib, 12/9/15]: A slight majority of 500 San Diego residents polled strongly or somewhat agreed with Donald Trump's statements on Muslims.

Legislation and the Legislative Process (TOPIC 20)


Republicans 2016: The Presidential Shakeup Continues: Watch the Rising Sons of the Sun Belt [Sabato’s Crystal Ball, 12/10/15]: The Donald Trump Show continues to dominate the airwaves and the polls, and the other candidates seem mere apprentices by comparison.

The Down-Ballot Outlook as 2016 Approaches [Sabato’s Crystal Ball, 12/10/15]: Full Senate, House, and gubernatorial updates and ratings changes.

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


The Marshall Project’s Holiday Gift Guide [Marshall Project, 12/10/15]: We’ve compiled a gift guide unlike any out there: specifically, gifts for people in your life who care about criminal justice.

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: A podcast with Jason Rezaian’s brother, Brown University’s ‘witch hunts’, and Trump wants to ban the internet [Newseum, 12/10/15]: Scouring the web for First Amendment news is our job.

U.S. Attorney General restates position on anti-Muslim speech [FAC, 12/8/15]: U.S. Attorney General Loretta Lynch warned last week that her department would act against those who expressed anti-Muslim statements that “edge towards violence.” She was attempting to address the uptick in violence against Muslims since the Paris terrorist attack. 

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:

In race case, will Justice Kennedy go from liberal hero to goat? [Politico / The Atlantic, 12/8/15]: The justice holds the swing vote in a case that could end affirmative action in college admissions.

No, Scalia's comment about 'less-advanced' schools wasn't racist [LA Times, 12/9/15]: Wednesday's oral argument in the Court over affirmative action at the University of Texas had barely concluded before the Internet lit up with 'shock horror' reactions to something Justice Antonin Scalia said.

SCOTUS could punt, again, on affirmative action [Politico, 12/9/15]: The Supreme Court wrestled Wednesday for the second time with a case that could end affirmative action in higher education, but several justices suggested that even on its return visit, the case still wasn’t ripe for a definitive decision.

Thurgood Marshall and the Need for Affirmative Action [The New Yorker, 12/8/15]: The Supreme Court has gradually narrowed the acceptable grounds for affirmative action since 1978….

North Carolina law allowing officials to refuse to perform same-sex marriages challenged [Jurist, 12/9/15]: The lawsuit was filed on behalf of six plaintiffs who seek to overturn North Carolina SB 2 which permits public officials to recuse themselves from duties associated with marriage based on sincerely held religious beliefs. 

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