Posts for January 21, 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 (5^th ed.) student textbook.

I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Scalia's Putsch at the Supreme Court [Linda Greenhouse in the NY Times, 1/21/16]: IN his vitriolic dissent last June from the Supreme Court’s same-sex marriage decision, Justice Antonin Scalia accused the majority of having carried out a “judicial putsch.” Justice Scalia should know. He and his four conservative colleagues were then in the process of executing one themselves.

http://www.nytimes.com/2016/01/21/opinion/scalias-putsch-at-the-supreme-court.html?_r=0

Supreme Court favors class-action plaintiff [SF Chron, 1/20/16]:  In a victory for class-action plaintiffs, the Supreme Court on Wednesday ruled 6-3 that courts may not dismiss lawsuits simply because a defendant has offered to give the lead plaintiff everything he sought. A contrary decision would have allowed companies accused of minor but mass wrongdoing to pick off plaintiffs one by one, frustrating their ability to band together to sue over their claims.

http://www.sfchronicle.com/business/article/Supreme-Court-favors-class-action-plaintiff-6772795.php?t=351165bbbb

II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5^th edition of Constitutional Law] Here are recent articles that are relevant to this unit:

The American Presidency [TOPIC 15]

President Obama, Meet the 'Take Care' Clause [Nat. Rev. / NPR / Constitution Daily / Slate, 1/20/16]: In 225 years, the Supreme Court has never had occasion to ask the president whether he has reneged on his oath to take care that the laws are faithfully executed. However, with pens-and-phones replacing checks-and-balances, the Supreme Court is now poised to break new constitutional ground in order to preserve our embattled separation of powers.
http://www.nationalreview.com/article/430051/obama-dapa-supreme-court

http://www.npr.org/2016/01/19/463622789/supreme-court-agrees-to-review-obama-executive-actions-on-immigration

http://blog.constitutioncenter.org/2016/01/constitution-check-is-the-supreme-court-playing-politics-with-immigration/

http://www.slate.com/articles/news_and_politics/jurisprudence/2016/01/united_states_v_texas_challenges_obama_on_daca_and_dapa.html

III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

The Modern History of the Republican Presidential Primary, 1976-2012 [Sabato’s Crystal Ball, 1/21/16]: The presidential nomination process has a history of being fuzzy. For much of the nation’s political existence, starting in the 1830s, national party conventions selected nominees for the highest office in the land.

http://www.centerforpolitics.org/crystalball/articles/the-modern-history-of-the-republican-presidential-primary-1976-2012/

 For the Republicans, It’s More than Just Insiders Versus Outsiders [Sabato’s Crystal Ball, 1/21/16]: Making sense of 2016 by studying the GOP’s “Four Faces.”

http://www.centerforpolitics.org/crystalball/articles/book-review-for-the-republicans-its-more-than-just-insiders-versus-outsiders/

Kevin McCarthy pulled in $11 million in 2015 [Politico, 1/20/16]: House Majority Leader Kevin McCarthy raised more than $11 million last year, a sum that places him near the top of the Republican fundraising pyramid on Capitol Hill, according to sources familiar with his operation. 

http://www.politico.com/story/2016/01/mccarthy-pulled-in-11-million-in-2015-217979

IV. Criminal Law and Procedure (4^th, 5^th, 6^th, and 8^th amendments) [See TOPICS 21-28 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit

California death penalty: New execution method under scrutiny [SJ Merc, 1/20/16]: As California moves forward Friday with a crucial public hearing to air its new lethal injection procedures, death penalty foes are taking aim at the details in a plan that could lead to the resumption of executions after a 10-year hiatus.

http://www.mercurynews.com/crime-courts/ci_29410131/california-death-penalty-new-execution-method-under-scrutiny?source=rss

V. 1^st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Indiana Leads the Way With an Outrageous RFRA Proposal Again [Justia, 1/21/16]: Professor Hamilton a recent proposal by the Indiana legislature to update that state’s Religious Freedom Restoration Act (“RFRA”) and extend that law’s legal standard to other rights. Hamilton explains why this proposed change is based on an overly simplistic view of constitutional rights and is a bad idea.

https://verdict.justia.com/2016/01/21/indiana-leads-the-way-with-an-outrageous-rfra-proposal-again

Free speech, behind the line [SPLC, 1/20/16]: Several colleges across the country have attempted to restrict students' speech to "free speech zones," which have been ripe for lawsuits.

http://www.splc.org/article/2016/01/free-speech-behind-the-line

Religious diversity, school calendars and the quest for fairness  [Charles Haynes in Newseum, 1/21/16]: Religious monopolies like the one enjoyed for so long by Protestants in public schools are antithetical to religious freedom. We can disagree on how best to move from monopoly to diversity, but we should work together toward the shared goal of fairness and equity for all.

http://www.newseuminstitute.org/2016/01/21/religious-diversity-school-calendars-and-the-quest-for-fairness/

VI. 14^th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit: