Wednesday, January 13, 2016

Posts for January 13, 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:

Justices seem divided over Iran terror-related appeal [AP, 1/13/16]: The Supreme Court on Wednesday struggled with whether to put a new roadblock in the way of terrorism victims trying to obtain nearly $2 billion in judgments against Iran.

Argument preview: The Indians vs. the settlers, a modern sequel [SCOTUS blog, 1/13/16]: A thirsty resident or visitor to the small town of Pender, Nebraska — a community of 1,006 people in the state’s far northeast corner — has a rather wide variety of choices.  Liquor is available at Smitty City West, a convenience store; Pender Lanes, a bowling alley; three bars (Shriebs, Welsh’s and the Other Side); a veteran’s club; and Twin Creeks Golf Club.  But the prices that these outlets charge may depend on whether Pender is located within an Indian reservation and whether they have to pay a tax levied by the Omaha Indian tribe.
The cas is Nebraska v. Parker:

More on the Natural-Born Citizen Clause [Gerard Magliocca in Concurring Opinions, 1/13/16]: The professor  makes some observations on Ted Cruz’s eligibility to serve as President.

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:

The American Presidency [TOPIC 15]

Obama gives upbeat assessment of his presidency, and aims to have a say in who follows him [LA Times / CNS, 1/13/16]:  But more than anything, the nearly hourlong speech was Obama’s effort to have a say in who follows him into the Oval Office. The next election could help cement accomplishments like his signature healthcare program, a nuclear deal with Iran and moves to stem climate change, or fell them in a single blow.

Fact checking the 2016 State of the Union address [Wash Post, 1/13/16]: A State of the Union address is often difficult to fact-check, no matter who is president. The speech is a product of many hands and is carefully vetted, so major errors of fact are relatively rare. But State of the Union addresses often are very political speeches, an argument for the president’s policies, so context is sometimes missing.

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:

Ted Cruz is not eligible to be president [Wash Post, 1/12/16]: Donald Trump is actually right about something: Sen. Ted Cruz is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.
The, read this: “Yes, Ted Crus is a ‘natural born citizen’” [Wash Post, 1/12/16]:

The Brutalism of Ted Cruz [David Brooks in the NY Times / CNN, 1/12/16]: “Ted Cruz is now running strongly among evangelical voters, especially in Iowa. But in his career and public presentation Cruz is a stranger to most of what would generally be considered the Christian virtues: humility, mercy, compassion and grace.

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

In Florida, Only Seven Jurors Can Put You to Death [The Marshall Project, 1/13/16]: The other quirk in the state’s death penalty system.

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:

What’s Wrong with the 1st Amendment? [Concurring Opinions, 1/13/16]: The main problem with the First Amendment . . . is that it overprotects speech.

The Supreme Court Could Hear a Third License Plate Case [Justia, 1/13/16]: Professor Dorf comments on a case involving free speech on license plates that may reach the U.S. Supreme Court in the near future. As Dorf points out, if the Court agrees to hear the case, it will be the third major license plate case it has decided. 

Obama administration meets with social media to fight online terrorists [FAC, 1/13/16]: The Obama administration is trying to enlist the tech industry in obstructing Islamic extremists use of social media to incite violence and to recruit. Representatives from Apple, Google, Facebook, Microsoft, Twitter and Linkedin were among those attending a meeting in San Jose last week. 

Limitation on Tattoo Parlors Unconstitutional, Federal Appeals Court Rules [Newseum, 1/13/16]: The City of Key West, Florida, cannot ban tattoo parlors from opening in its historic district without running afoul of the First Amendment, a federal appeals court has ruled.

Illinois high school paper’s article on bell schedule results in censorship, threats to cut journalism program [SPLC, 1/13/16]: High school reporters at Steinmetz College Prep had spent weeks working on a story about a change in the school bell schedule, even sifting through hundreds of surveys. Little did they know their story would initially be censored, even resulting in a threat from Steinmetz Principal Stephen Ngo to eliminate the 81-year-old school paper entirely.

High school student in New Jersey faces bullying charges for politically-charged anti-Israel tweets [SPLC, 1/13/16]: A New Jersey high school student is being investigated by her school district for possibly violating the state’s anti-bullying law for a series of anti-Israel tweets.

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:

My Right to Die: Assisted Suicide, My Family, and Me [Mother Jones, Jan/Feb 2016]: Every story has a beginning. This one starts in late 2001, when my father-in-law fractured three of his ribs. Harry was a retired physician, and after a thorough workup that he insisted on, it turned out that his bone density was severely compromised for no immediately apparent reason. Further tests eventually revealed the cause: He had multiple myeloma, a cancer of the bone marrow.

Some students feel targeted as terrorism fears tick up

Feds Urge Schools to Shield Muslim Students From Harassment [Ed Week, 1/12/16]: As public fears about terrorism hit their highest levels in a decade and anti-Islamic sentiment surges, schools should take extra steps to ensure that Muslim, immigrant, and refugee students feel safe and free from discrimination, the U.S. Department of Education said last week. Schools are always obligated under federal civil rights laws to respond to harassment and bullying of all students, regardless of their race, ethnicity, or national origin, the agency said in a "Dear Colleague" letter.
Read the “Dear Colleague” letter:

Supreme Court Declines to Take Up Case on Mandatory Reporters of Child Abuse [School Law Blog, 1/12/16]: The justices refuse to hear a case on the legal protections for teachers, school administrators and others required under state laws to report suspected child abuse.



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