Thursday, February 4, 2016

Posts for February 4, 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:

Supreme Court Chief Justice John Roberts on judges: 'We don't work as Democrats or Republicans.' [MassLive.com, 2/4/16]: A recent survey of U.S. college students found almost 10 percent believe Judith Sheindlin of "Judge Judy" fame sits on the Supreme Court. That prompted New England Law Boston dean John O'Brien to ask Supreme Court Chief Justice John Roberts, "So, how is she doing?"

The Supreme Court vs. the President [Linda Grenhouse in the NY Times, 2/4/16]: Hard-wired into the Supreme Court’s DNA is the notion that the court doesn’t reach out to decide a constitutional issue if it can resolve a case by interpreting a statute. “The court will not anticipate a question of constitutional law in advance of the necessity of deciding it,” is how Justice Louis D. Brandeis expressed this principle of judicial restraint 80 years ago in a concurring opinion to which the court often makes reference.

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]

Constitution Check: What does the 'Take Care Clause' mean? [Constitution Daily, 2/4/16]: Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at a big constitutional question in front of the Supreme Court in the case about President Obama’s immigration orders.

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:

Godly Rhetoric in Presidential Campaigns: Cruz, Rubio, and Reagan [Justia, 2/4/16]: Professor Hamilton comments on the use of religious terms in among the Republican presidential candidates, particularly terms that refer to a specific religio-political world view. Hamilton especially critiques Cruz’s and Rubio’s invocation of Ronald Reagan’s name, pointing out that Reagan tried to bring Americans together in his speeches, even in his references to God.

What we learned from Iowa [Sabato’s Crystal Ball, 2/4/16]: Iowa is in the books, and we already have our first surprise: Ted Cruz confounded late polls showing him sliding and Donald Trump rising. Meanwhile, Hillary Clinton and Bernie Sanders battled to a near-tie. Last week, we asked five questions about what the Iowa results might tell us. What did we learn?

Sanders, Trump Still Favored in New Hampshire [Sabato’s Crystal Ball, 2/4/16]: But fickle New Hampshire has a way of confounding the experts.

The Modern Histgory of the Democratic Presidential Primary, 1972-20108 [Sabato’s Crystal Ball, 2/4/16]: Most political observers consider 1972 the beginning of the “modern era” of presidential politics.

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


We thought he was the same guy -- never mind that 9-inch height difference [SF Chron, 2/4/16]: When Mario A. Garcia was arrested for drunken driving in Riverside County in 2012, his jailers ran a warrant check and rushed him to Los Angeles, where a man named Mario Garcia, with the same birth date, had been wanted in a drug-dealing case since 1994.

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:

First Five: The Marrakesh Declaration, the politics of Silicon Valley, and a new bill that would bar the censorship of student journalists [Newseum, 2/4/16]: News roundup from the Newseum.

Montana school district’s recall of controversial “Free the Nipple” edition of student newspaper met with criticism [SP:C, 2/3/16]: The principal who allowed the issue to be published was suspended for three days without pay and the newspaper adviser was given a formal reprimand after the student newspaper containing topless photos and explicit language was printed.

Christian school threatens to file suit against Florida High School Athletics Association (FHSAA) after FHSAA denies school’s request to broadcast pre-game prayer over stadium PA system [NSBA Legal Clips, 2/3/16]: The school, with assistance from the Liberty Institute (LI), a nonprofit law firm that specializes in religious liberty rights, has sent a letter to FHSAA demanding an apology for unlawfully censoring the school’s private speech, as well as formal recognition from the FHSAA that students in Florida schools have a right to pray in public. The letter warns that if the FHSAA doesn’t respond in 30 days, CCS will file suit in federal court.

Phoenix City Council votes to end prayers at meetings [Ariz. Republic, 2/4/16]: A sharply divided Phoenix City Council voted 5-4 Wednesday to stop having an opening prayer at council meetings and instead observe a "moment of silent prayer," a move that blocks a group of Satanists from giving the invocation at its next formal meeting.

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:

Parents of student expelled for “immature conduct” stemming from an off-campus, non-school sponsored activity file suit against Nebraska district [NSBA Legal Clips, 2/2/16]: The McCook Gazette reports that parents of a Cambridge Public Schools (CPS) student have filed suit in Furnas County District Court against CPS claiming the school district violated the student's due process when it expelled him for alleged conduct that occurred off-campus during a "non-school-sponsored wrestling camp" at Hastings College. 

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