Posts for February 24, 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:

How influential was Scalia, really? [Eric Posner post, 2/23/16]: A justice who, in insisting on the purity of his principles or perhaps in indulging in the charms of invective, gives up the opportunity to shape the law does more harm than good for his followers.

http://ericposner.com/how-influential-was-scalia-really/

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]

Four Paths Obama Could Take With His Supreme Court Nominee [ThinkProgress, 2/23/16]: By many accounts, President Obama hopes to name his choice to succeed the late Justice Antonin Scalia within two weeks, so there is precious little time to speculate about who that nominee may be.

http://thinkprogress.org/justice/2016/02/22/3751530/four-paths-obama-could-take-with-his-supreme-court-nominee/

Obama Makes Guantanamo Tribunals More Difficult [Bloomberg View, 2/23/16]: Buried in the middle of President Barack Obama's speech Tuesday on closing the military prison at Guantanamo Bay, Cuba, was a remarkable statement very close to a repudiation of the military commissions trying Khalid Sheikh Mohammed and nine other terrorists.

http://www.bloombergview.com/articles/2016-02-23/obama-makes-guantanamo-tribunals-more-difficult

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:

Is There Really A Solid Anti-Trump Bloc Of GOP Voters? [CPR, 2/23/16]: Many analysts have suggested that as Trump's competitors drop out of the race, the anti-Trump vote will consolidate behind his leading opponent. But interviews with Reno voters over the last week suggest it's a much more nuanced picture. There are some voters who will not go for Trump no matter what.

http://www.capradio.org/articles/2016/02/23/can-rubio,-cruz-catch-trump-in-nevada-caucuses/

Legislation and the Legislative Process (TOPIC 20)

McConnell will not meet with Obama's nominee [The Hill, 2/23/15]: Senate Majority Leader Mitch McConnell (R-Ky.) on Tuesday said he won't even meet with President Obama's nominee to the Supreme Court.

http://thehill.com/blogs/floor-action/senate/270452-mcconnell-will-not-meet-with-obamas-nominee

Senate Republicans Offer Laughable Reasons for Refusing to Confirm an Obama Supreme Court Nominee [Justia, 2/24/16]: Professor Dorf explains why Republicans’ claims that President Obama lacks democratic legitimacy in appointing a successor to the late Justice Antonin Scalia. Dorf points out that the reasons offered thus far for refusing to confirm an Obama nominee seem to imply that originalism/formalism can be validated or invalidated by popular approval, even absent a constitutional amendment.

https://verdict.justia.com/2016/02/24/senate-republicans-offer-laughable-reasons-for-refusing-to-confirm-an-obama-supreme-court-nominee

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

White students who bullied black classmate at SJSU escape hate crime convictions [LA Times, 2/23/16]: A former San Jose State University student accused of calling his former suite mate racial slurs, hanging a Confederate flag in their living room and barricading him in his bedroom has been found not guilty of committing hate crimes.

http://www.latimes.com/local/lanow/la-me-ln-san-jose-state-students-convicted-of-bullying-peer-20160223-story.html

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:

First Five: Scalia’s disastrous decision, the Flint water crisis and Michigan Radio, a Sri Lankan lesson in free speech, and Facebook’s Instant Articles [Newseum, 2/24/16]: The latest news updates relating to the 1^st Amendment.

http://www.newseuminstitute.org/2016/02/24/first-five-scalias-disastrous-decision-the-flint-water-crisis-and-michigan-radio-a-sri-lankan-lesson-in-free-speech-and-facebooks-instant-articles/

 Apple’s battle with U.S. over iPhone access takes First Amendment turn [FAN, 2/23/16]: With Citizens United recognizing the free speech rights of corporations and a court ruling, later overturned, that computer code is a form of speech, Apple may rely on free speech rights in refusing to unlock the encrypted iPhone of one of the San Bernardino terrorists.

https://firstamendmentcoalition.org/2016/02/apples-battle-with-u-s-over-iphone-access-takes-first-amendment-turn/

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:

How to follow Vergara v. California [CalMatters, 2/22/16]: This week, a state appellate court will be asked to overturn a closely watched legal decision that said poor and minority school students in California have been denied their right to a proper education because of laws that prevent the dismissal of bad teachers.

https://calmatters.org/articles/how-to-follow-vergara-v-california/