Posts for January 7,
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 Most Important Election Ever? [Huff Post, 1/6/16]: The 1968 election allowed
Richard Nixon to re-make the membership of the Court.
The Most Chilling
Political Appointment That You've Probably Never Heard Of [ThinkProgress, 1/6/16]: Unless
you’re unusually familiar with libertarian legal activists (or you are a
Republican presidential candidate) you probably have never heard the name
“Clint Bolick.” But Mr. Bolick has spent the last quarter century working — at
times quite successfully — to make the law more friendly to anti-government
conservatives. Thanks to an appointment, announced Wednesday by Arizona Gov.
Doug Ducey (R), Bolick will now bring this agenda to his state’s supreme court.
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:
Argument preview: A serious
constitutional dilemma [SCOTIS
blog,1/6/16]: Next week, on January 13, the
Supreme Court will explore ways to work itself out of a constitutional dilemma:
showing respect for Congress’s lawmaking powers, especially when it seeks to
punish acts of terrorism, or respect for the independence of the courts to
decide cases without political interference. That is what
is essentially at stake in Bank Markazi v. Peterson— a modern
test of the meaning of a Civil War precedent on separation of constitutional powers.
Argument preview: A lofty issue for Puerto Rico [SCOTUS blog, 1/6/16]: Next week, on Wednesday, its
government leaders will be asking the Justices for something bigger than
financial rescue: nothing less than the freedom to govern themselves (a plea,
by the way, that many on the island do not support).
The American Presidency [TOPIC 15]
Can Courts Stop Obama's
Gun Rules? It's Unlikely [Bloomberg View, 1/6/16]: Gun-rights
advocates are already suggesting
that they’ll go to court to challenge President Barack Obama’s newly announced executive action on
background checks. But what exactly, is the challenge going to be? And will it work?
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:
Do we need a
constitutional convention on campaign finance? [Op-Ed in LA
Times, 1/5/16]: Does the United States
need a constitutional amendment to clean up the campaign finance mess created
by the U.S. Supreme Court?
A lobbying rule to catch up with the times [CalMatters,
1/6/16]: Lobbyists in Sacramento talk about the “inside game” and the “outside
game.”
The Common Wisdom of
New Year’s Day [Sabato’s Crystal Ball, 1/7/16]: It is often wrong in predicting
the Presidential election.
Five Factors that will Define the Running Mates [Sabato’s Crystal Ball, 1/7/16]: Lessons from history on how the nominees
will balance their tickets.
Legislation and the Legislative Process (TOPIC 20)
House Guts Obamacare
& Planned Parenthood [CNS,
1/6/16]: The House of Representatives
opened the new year Wednesday by achieving long-stated Republican goals of
repealing the Affordable Care Act and defunding Planned Parenthood. The 240-181 vote repeals two mandates within President
Barack Obama's signature health care law that require individuals to have
health insurance and for businesses with more than 50 employees to provide it
for their workers.
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
Bill Cosby Ducks
Criminal Charges in LA [CNS, 1/6/16]: Los
Angeles County prosecutors said Wednesday they would not file criminal charges
against Bill Cosby because sexual assault allegations made by two women are
barred by the statute of limitations.
See also: The Central
Question in the Bill Cosby Criminal Case [The New Yorker, 1/5/16]:
The Death Penalty's Last Stand [Slate, 1/6/16]: Capital punishment is collapsing
under the weight of its own corruption and cruelty.
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:
The sign that
anti-abortion clinics say tramples their religious liberty [MSNBC,
1/6/16]: Three years ago, Scott Scharpen gave a sermon against abortion at his
church in Murrieta, California. It didn’t feel like enough, he says, so drawing
on private donations, he purchased a 31-foot RV equipped with an ultrasound
machine. As a mobile clinic licensed by the state of California, Go Mobile for
Life offers free pregnancy tests, sonograms and urges women considering
abortion to give birth instead.
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:
Alabama chief justice
orders halt to same-sex marriage licenses [Reuters, 1/6/15]: The
chief justice of the Alabama Supreme Court ordered the state's probate judges
on Wednesday not to issue marriage licenses to same-sex couples, despite a
ruling by the U.S. Supreme Court last year legalizing gay marriage.
Federal Agency Urges Court
To Include Sexual Orientation Under Sex Discrimination Ban [Buzzfeed, 1/6/16]: The Equal Employment Opportunity Commission argues in
a federal appeals court filing on Wednesday that “sexual orientation
discrimination is sex discrimination, and such sex
discrimination violates Title VII.”
As Equal Access and
Non-Discrimination for LGBT Students Increases, So To Do Requests for
Exemptions from Federal Law [EdLawProfs blog, 1/7/16]: The Human
Rights Campaign's new report, Hidden Discrimination: Title IX
Religious Exemptions Putting LGBT Students at Risk, reveals a new phenomena in education that is offsetting some
of the gains praised here and elsewhere over the past year .
Court of appeal finally to hear case charging
underfunding of schools [EdSource, 1/6/16]: This month, a state court
of appeal will hear arguments in two long-delayed lawsuits, filed during the
economic recession six years ago, charging that the state violated children’s
constitutional rights by underfunding education.
http://edsource.org/2016/court-of-appeal-finally-to-hear-case-charging-underfunding-of-schools/92927
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