Thursday, January 28, 2016

Posts for January 28, 2016
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:

The Constitutional Convention 2016? [Slate, 1/26/16]: Some liberals and conservatives are teaming up in an effort to rewrite the Constitution.

Brandeis: The first Jewish jurist named to the Supreme Court [Jewish Journal / Forward, 1/27/16]: Exactly 100 years have passed since the first Jewish jurist was named to the Supreme Court.  Until the nomination of Louis Brandeis to the high court by President Woodrow Wilson on Jan. 28, 1916, all nine seats had always been occupied by white, Anglo-Saxon males, almost all of them Protestant. 

After his first decade, Alito is 'every bit as conservative as conservatives could have dreamed' [ABA Journal, 1/27/16]: A crowd of several hundred people gathered in the auditorium of the National Archives building in Washington, D.C., last fall to hear a conversation with a member of the U.S. Supreme Court who usually remains far from the limelight.

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:

Illinois Supreme Court Strikes Gun Law [CNS, 1/28/16]: The Illinois Supreme Court struck down a law that effectively bans carrying "ready-to-use" guns outside the home.

Obama Gun Initiative Hit With Federal Lawsuit [CNS, 1/28/16]: President Barack Obama's expansion of background checks for prospective gun buyers is being challenged in Miami Federal Court by a Conservative activist who claims the executive action in unconstitutional.

The American Presidency [TOPIC 15]

Hillary Clinton ‘loves’ the idea of appointing Obama to Supreme Court [Wash Times, 1/26/16]: At a campaign event in Iowa Tuesday, Mrs. Clinton told the crowd the next president may have to appoint up to three Supreme Court justices. When one attendee mentioned Mr. Obama as a contender, she seemed excited by the recommendation.

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:

Iowa at Last [Sabato’s Crystal Ball, 1/28/16]: Who is favored to win, and what will the results tell us?

Further Down the Ballot [Sabato’s Crystal Ball, 1/28/16]: Amidst the onslaught of news stories about the 2016 presidential primaries, it is easy to forget that voters in many states will soon be casting primary ballots in races for a variety of other offices. 

Is Trump bluffing? [Politico, 1/27/16]: The real estate mogul is publicly sticking with his plan to boycott Thursday's Fox debate, but others expect him to cave.

Birth and Switch: Could Canada have a Ted Cruz problem? [The Wlarus / Politico, 1/27/16]: Some background on the candidate.

Why I ran for President / Why I dropped out [The New Yorker, 1/27/16]: Two posts that pose some challenging questions.

Legislation and the Legislative Process (TOPIC 20)


Bill legalizing fantasy sports websites in California makes it out of state Assembly [Santa Rosa Press, 1/27/16]: With the owners of L.A.'s professional sports teams lined up in support, the state Assembly on Wednesday approved a bill that would license daily fantasy sports websites — including DraftKings and FanDuel — to operate in California. 

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


Bay Area district attorneys band together to re-direct Super Bowl spotlight onto human trafficking [SJ Merc, 1/27/16]: In a show of unity, the District Attorneys from four of the counties that flank San Francisco Bay appeared together at the region's largest airport Wednesday to seize the spotlight of the imminent Super Bowl and shine it on the plague of human trafficking.

Texas dad who took away daughter's phone not guilty of theft [AP, 1/27/16]: A Texas father who was accused of theft after he confiscated his 12-year-old daughter's cellphone over an inappropriate text has been acquitted of the misdemeanor charge.

Breyer Still Point Man for Death Penalty Abolition [Bloomberg, 1/22/16]:
Justice Stephen G. Breyer Jan. 21 renewed his call for the U.S. Supreme Court to re-evaluate whether the death penalty is unconstitutional. Dissenting from the court's refusal to halt the execution of Christopher Eugene Brooks, Breyer said he would have granted the stay, and Brooks's petition for certiorari, due to the inherent flaws of Alabama's death sentencing scheme.

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:

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:


4th Circuit hears arguments in Gloucester transgender student discrimination case [Richmond Times-Dispatch / AP, 1/27/16]: A transgender student’s fight to use a boy’s bathroom at his Gloucester County school went before the 4th U.S. Circuit Court of Appeals on Wednesday.
Listen to the arguments in G.G. v. Gloucester County School Board:

Have Democrats Rediscovered Unions Too Late? [Justia, 1/28/16]: Professor Buchanan comments on the recent trend of mainstream liberal opinion makers to express public support for labor unions. Buchanan explains the tumultuous history of liberals and labor unions, and he wonders whether this overdue support is too little too late, in light of a case currently before the U.S. Supreme Court. 

International Law, Citizenship and Immigration [TOPIC 40-42]


Meet the father of the landmark lawsuit that secured basic rights for immigrant minors [ABA Journ., 1/27/16]: At first, Carlos HolguĂ­n was skeptical. A well-known actor in Hollywood called seeking help for his housekeeper’s daughter after immigration authorities arrested and detained the girl for being in the country illegally.


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