Friday, January 22, 2016

Posts for January 22, 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:

Kolender v. Lawson video [YouTube, 9/21/5]: Edward Lawson posts this engaging video describing his case, Kolender v. Lawson, which can be found at PROBLEM 2.4, in TOPIC TWO of the Constitutional Law student text. This is an excellent resource to initiate a Con Law course. Thanks to Dave Keller, Con Law teacher at Piedmont (CA.) High School for the contribution.

Robots Could Make the Supreme Court More Transparent [The Atlantic, 1/20/16]: Computer models can determine the authorship of unsigned legal decisions with startling accuracy.

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:

Buckley v. Valeo: 40th Anniversary — Cato & Center for Competitive Politics to Host Event [Concurring Opinions, 1/22/16]: The event is titled “The Past and Future of Buckley v. Valeo and is being presented by the Cato Institute and the Center for Competitive Politics. Could be interesting.

EPA Takes Over Testing of Flint Water for Lead [CNS, 1/22/16]: Cracking the whip on the Flint water crisis, the Environmental Protection Agency accepted the resignation of an area official Thursday and announced its takeover of future lead testing, saying the slow response from city and state leaders put residents in "imminent" danger.

The American Presidency [TOPIC 15]

An Ideological Scramble on Immigration at the Supreme Court [Jeffrey Toobin in The New Yorker, 1/19/16]: Just when you think you know what the liberals and conservatives on the Supreme Court stand for, along comes a case like United States v. Texas—the challenge to President Barack Obama’s executive orders allowing more than four million undocumented immigrants to remain in the United States.

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:

Nate Silver 'much less skeptical' that Trump can win [Politico, 1/21/16]: Nate Silver's persistent doubts regarding Donald Trump's chances of winning the Republican nomination are falling, if his recent FiveThirtyEight analysis is any indication. 

National Review aims to take down Trump [Politico, 1/21/16]: For months, Republican leaders have worried about how to stop 2016 frontrunner Donald Trump. Now, one of the conservative movement’s most influential publications is taking matters into its own hands. 

Some Democrats Fear Clinton's Message Is Failing [AP, 1/21/16]: Hillary Clinton has questioned Bernie Sanders' electability. She's criticized his plans for health care, foreign policy and Wall Street. And she's tagged him with flip-flopping on gun control. None of it appears to be sticking, say some Democrats who have raised concerns that a months-long primary campaign could create lasting damage for their party.

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


Ski resort seeks prosecution of snowboarder who they say triggered avalanche [LA Times, 1/21/16]: California ski resort wants criminal charges against a snowboarder who allegedly triggered an avalanche Friday in a closed area at Donner Summit. 

Borenstein: Mt. Diablo school trustees plan to defend Martin's behavior [CC Times, 1/21/16]: Re-victimizing child-abuse victims. We've seen this disgusting legal ploy before. But Mt. Diablo school trustees and their attorneys have taken it to a new level.

Sexual assaults an issue at both college and K-12 level say U.S Dep’t of ED [NSBA Legal Clips, 1/19/16]: The problem of sexual violence in K-12 schools is similar in many ways to the problem on college campuses, but there are also important differences, including the inexperience of young children and the power dynamics between adults and students, reports The Washington Post.

Assistant principal at Virginia high school threatens to suspend student for recording conversation with the administrator [NSBA Legal Clips, 1/19/16]: According to Stone, he was recording the conversation in order to have proof of what was said. Hall said, “If you record this conversation, or if I find it online, I will give you five days out of school suspension.” What’s the law in your state?

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:

Transparency lacking in campaign spending 2016 [FAC, 1/21/16]: Six years after the U.S. Supreme Court’s Citizens United decision, lack of transparency in campaign finance muddles the election process. 

Judges press Utah about polygamy ban in 'Sister Wives' case [AP, 1/21/16]: An effort to decriminalize polygamy by the family from the TV show 'Sister Wives' reached its highest level of the legal system so far Thursday as federal appeals judges questioned a lawyer for Utah about whether the state needs to ban plural marriages.

Religious diversity, school calendars and the quest for fairness [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.

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:

Federal district court in California rules that Title IX is applicable to claims based on sexual orientation discrimination [NSBA Legal Clips, 1/20/16]: The court in California has ruled that Title IX encompasses claims based upon sexual orientation as either gender stereotyping discrimination or sex discrimination. The district court stated that “the line between discrimination based on gender stereotyping and discrimination based on sexual orientation is blurry, at best.”  
The case is Videckis and White  v. Pepperdine University and can be found:

Parents are considering suit against Pennsylvania middle school over anti-bullying program [NSBA Legal Clips, 1/21/16]: The source of the parents’ anger was an exercise conducted at a recent student workshop during which students were asked questions among their peers and then “grouped” based on their answers.

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


UN report: 'shocking' crimes committed by all sides in South Sudan conflict [Jurist, 1/21/16]: The report said that extra-judicial killings, disappearances, gang-rapes, sexual slavery, forced abortions, and child recruitment have occurred within the area.





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