Posts for February 23, 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:

The Roots of Enumerated Powers [Gerard Magliocca in “Concurring Opinions, 2/23/16]: The always provocative Professor: “We treat the principle that Congress is limited by the enumeration of its powers in Article One as a constitutional axiom, even though those powers are now read very broadly….”

http://concurringopinions.com/archives/2016/02/the-roots-of-enumerated-powers.html

On first day without Scalia, Supreme Court faces a possible tie vote [USA Today, 2/22/16]:The court's liberal and conservative members took opposite sides in the case — a relatively frequent occurrence, but one that now could produce 4-4 deadlocks in the wake of Scalia's unexpected death Feb. 13. Such verdicts would uphold decisions reached by lower courts without setting any national precedent.

http://www.usatoday.com/story/news/2016/02/22/supreme-court-scalia-death-tie-vote-police/80755884/

Appoint a few more Scalias, kiss democracy goodbye [Professor Hasen in Reuters, 2/22/16]: Yet Scalia’s record on issues related to American democracy and elections was dismal — even when judged against the standards of the conservative Roberts court.

http://blogs.reuters.com/great-debate/2016/02/21/appoint-another-scalia-kiss-democracy-goodbye/

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:

Have Obama's Supreme Court Picks Really Been Silent on Abortion? ]The Deaily Beast, 2/22/16]: There's no public record of several jurists discussing the court's most divisive opinion: Roe v. Wade; But the 'abortion question' is part of the problem of how we pick jurists.

http://www.thedailybeast.com/articles/2016/02/22/have-obama-s-supreme-court-picks-really-been-silent-on-abortion.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:

McCarthy: Trump is most likely nominee [Politico, 2/22/16]: Donald Trump is the most likely candidate to win the Republican nomination, House Majority Leader Kevin McCarthy (R-Calif.) said Monday, adding that he believed the race post-South Carolina to be between the Manhattan developer and Florida Sen. Marco Rubio.

http://www.politico.com/blogs/2016-gop-primary-live-updates-and-results/2016/02/mccarthy-trump-is-most-likely-nominee-219605?lo=ap_d2

Glenn Beck Says Nation Is Doomed Without Cruz [CNS, 2/23/16]: Nevada Attorney General Adam Laxalt and right-wing pundit Glenn Beck stirred up a crowd for Ted Cruz on Monday, with Beck predicting a "violent revolution" if the nation elects Hillary Clinton or Marco Rubio.

http://www.courthousenews.com/2016/02/23/glenn-beck-says-nation-is-doomed-without-cruz.htm

Republican voter registration tanks in California; more voters than ever don't affiliate with party [Reuters, 2/23/16]: Californians may be more disenchanted with political party labels than at any time in modern history, as new voter registration data show another shift away from party affiliation coming at the same time as a presidential race that exposes deep partisan divides nationwide.

http://www.reuters.com/article/us-usa-election-california-idUSMTZSAPEC2NZ9QC01

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

Apple Says Cops Crave IPhone 'Back Door [CNS, 2/22/16]: Apple trashed FBI director James Comey's claims that unlock software would only be used on San Bernardino shooter Syed Farook's iPhone, arguing that law enforcement would use the order to unlock "hundreds" of devices in custody.

http://www.courthousenews.com/2016/02/22/apple-says-cops-crave-iphone-back-door.htm

9th Circ. OKs Longer Parole Waits in Calif [CNS, 2/22/16]: The application of a California victims-rights law that allows an increase in the wait time between parole board hearings does not violate prisoners' civil rights, the Ninth Circuit ruled Monday.

http://www.courthousenews.com/2016/02/22/9th-circ-oks-longer-parole-waits-in-calif.htm

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:

The 2016 RFRA Decline Is Due to the Difficulty of Selling Discrimination and Child Endangerment as Good Policy [Justia, 2/23/16]: Professor Hamilton explains why the pace of new state Religious Freedom Restoration Acts is slower in 2016 than in previous years. Hamilton points out that to pass these bills, legislators have to not only advocate for discrimination, but also for child endangerment—hard policies to sell.

https://verdict.justia.com/2016/02/23/the-2016-rfra-decline-is-due-to-the-difficulty-of-selling-discrimination-and-child-endangerment-as-good-policy

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:

Trauma Should Be Recognized as Disability by Schools, Lawsuit Says [Cal. Health Report, 2/22/16]: A group of middle and high school students in Compton have filed a first-of-its-kind federal lawsuit saying violence at home and in their neighborhoods has impaired their ability to learn at school.

http://www.calhealthreport.org/2016/02/22/18944/