Tuesday, December 8, 2015

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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