Tuesday, February 16, 2016

Posts for February 16, 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:

How will the Supreme Court deal with a vacancy this term -- and beyond? [Constitution Daily, 2/16/16]: Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, has covered the Supreme Court for more than five decades. Here is his analysis of how an eight-person  Court will function with a vacancy in its current term.

How to Bring the Supreme Court Back Down to Earth [Emily Bazelson in the NY Times Mag, 2/15/16]: The eight justices on the Supreme Court today all come from the federal appeals courts. (So did Justice Antonin Scalia, who died Saturday.) Only Justice Anthony M. Kennedy, who was a judge in California, served outside the East Coast cities of Boston, New York, Philadelphia and Washington. All eight attended law school at Harvard or Yale. None ever held elected office.

13 Women Who Should Be Considered to Replace Justice Scalia [Cosmo, 2/15/16]: In the history of the Supreme Court, only four women have served.

Srinivasan, Lynch fit Obama's formula for nominees [Politico, 2/15/16]: In pushing candidates through a reluctant Senate, he has emphasized demographic firsts and cooperation with GOP

Supreme Court: What happens in case of a tie? [ISA Today, 2/15/16]: The Supreme Court is about to get tied up in knots.
See also, “Here's how Scalia's death affects Supreme Court rulings this year”:

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 starts work to pick Supreme Court justice amid political 'bluster [Reuters, 2/16/16]: President Barack Obama has held preliminary discussions with his team about whom to nominate to the Supreme Court, the White House said on Monday, while accusing Senate Republicans of "bluster" for saying they would not confirm his pick.

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:

Legislation and the Legislative Process (TOPIC 20)


Before Scalia's Death, a Clash Between G.O.P. and Obama Over Appellate Judges [Charlie Savage in the NY Times, 2/15/16]: The vow by Senate Republicans to block whomever President Obama nominates to fill the sudden vacancy on the Supreme Court presages a prolonged election year struggle, but the clash is less a new front against the White House than an escalation of a battle that had begun at the appeals court level before Justice Antonin Scalia died.

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


Scalia's death could doom McDonnell and hurt Menendez [Politico, 2/16/16]:The Supreme Court tumult increases chances of prison for the ex-Virginia governor, and could complicate the New Jersey senator's trial

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:

Course Correction: Young v. UPS Makes Courts Focus on Right Issues, but Also Reveals Limits of PDA [Justia, 2/16/16]: Professor Grossman discusses the effect that the U.S. Supreme Court’s decision in Young v. United Parcel Service has had on cases arising under the Pregnancy Discrimination Act (PDA), as well as the limitations of that decision. 

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


UN rights expert urges UK, Sweden to respect decision on detention of WikiLeaks founder [Jurist, 2/16/16]: A UN human rights expert on Monday urged the UK and Sweden to accept the recent decision which determined that Julian Assange, founder of the controversial website WikiLeaks, has been arbitrarily detained since 2010. 


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