Posts for December 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:
Supreme
Court won't hear challenge to city's assault weapons ban [USA Today, 12/7/15]:
The Supreme Court refused Monday to hear a challenge to a Chicago
suburb's ban on semiautomatic "assault" weapons, an indication that a
majority of justices feel such bans are constitutional or should be left up to
state and local governments.
Argument
analysis: Seeking two-century-old guidance [SCOTUS blog, 12/7/15]: Except for the fact that no one was
wearing buckled shoes, knee breeches, and lace cuffs, an argument in the
Supreme Court Monday might have been a reenactment of a day at the
Constitutional Convention in Philadelphia 228 years ago. The case is Franchise Tax Bd. Of California v. Hyatt.
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:
Have the Justices Gone Gun-Shy? [The Atlantic, 12/7/15]: Five years
after its landmark gun-rights decisions, the U.S. Supreme Court is avoiding any
cases about the Second Amendment.
Justice
Thomas: Second Amendment Is Not a 'Second-Class Right [National
Review, 12/8/15]: In 2010, five
Supreme Court justices invalidated Chicago’s handgun ban, rejecting the
argument that the Second Amendment was a “second-class right.” Turns out only
two of them — Justices Thomas and Scalia — really meant it.
http://www.nationalreview.com/article/428173/second-amendment-supreme-court
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:
Trump calls for 'complete shutdown' on Muslims
entering US [AP, 12/7/15]: The proposed ban would apply to immigrants and
visitors alike, a sweeping prohibition affecting all adherents of Islam who
want to come to the U.S. The idea faced an immediate challenge to its legality
and feasibility from experts who could point to no formal exclusion of
immigrants based on religion in America's history.
Justices
revive Maryland redistricting challenge [AP, 12/8/15]: The Supreme Court has unanimously sided with Maryland
residents who say a judge prematurely threw out their challenge to the state's
2011 redrawing of its congressional districts
Justice Scalia’s opinion,
for the unanimous court, in Shapiro v. Maryland:
http://www.supremecourt.gov/opinions/15pdf/14-990_10n2.pdf
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
What’s the difference between assault and battery? [Cal.App. Report blog, 12/7/15]: This California
case deals with the subtleties.
Read the opinion in People v. Dealba at:
The Threat Is Already Inside: And nine
other truths about terrorism that nobody wants to hear [Foreign Policy, 11/20/15]: One thing the Paris
attacks were not, however, was surprising. Occasional terrorist attacks in the
West are virtually inevitable, and odds are, we’ll see more attacks in the
coming decades, not fewer. If we want to reduce the long-term risk of terrorism
— and reduce its ability to twist Western societies into unrecognizable
caricatures of themselves — we need to stop viewing terrorism as shocking and
aberrational, and instead recognize it as an ongoing problem to be managed, rather
than “defeated.” This article is worth a close reading.
DOJ to open investigation
into Chicago police department [Jurist, 12/7/15]: The US Department of Justice (DOJ) on Monday announced
that it will be opening a full investigation into the Chicago Police Department following
the 2014 police shooting death of a black teenager.
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:
Student-Rapper Appeals to high court, as a
matter of last resort [Newseum,
12/8/15]: When can public officials
punish a student for expression created entirely off-campus? The recurring and
vexing question has confounded school administrators, teachers, parents,
students, and lower courts for decades. The question has become even more
important over the last 20 years as more students express themselves online
through social media.
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:
International Law, Citizenship and Immigration [TOPIC 40-42]
Is an immigration ban on Muslims unconstitutional? [Eric Posner blog, 12/8/15]: “Probably not. The Supreme Court has held consistently, for
more than a century, that constitutional protections that normally benefit
Americans and people on American territory do not apply when Congress decides
who to admit and who to exclude as immigrants or other entrants.”
Justices Weigh Power of Indian Tribal Courts in Civil Suits [NY Times / Jurist,
12/7/15]: The Supreme Court on Monday seemed poised to limit the power of
Indian tribal courts to hear civil cases against outsiders. Monday’s case, Dollar General Corp. v. Mississippi Band of
Choctaw Indians, started when a 13-year-old Indian boy accused the manager
of a Dollar General Store of sexually molesting him.
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