Friday, March 11, 2016

Posts for March 11, 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.

Proposed history-social science tests raise concerns about testing burden [EdSource, 3/9/16]: California State Superintendent of Public Instruction Tom Torlakson is recommending that California develop new annual standardized history-social science tests, but several State Board of Education members raised questions about the need for the test at their meeting in Sacramento Wednesday, saying it could run counter to California’s efforts to lighten the testing load on both students and their teachers.

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:

Calif. Supreme Court to begin live streaming its oral arguments [“At the Lectern” blog / AP, 3/8/16]: In her just concluded State of the Judiciary speech, Chief Justice Tani Cantil-Sakauye mentioned that the Supreme Court will begin live streaming its oral arguments. There were many other more important things in the speech, but, for appellate practitioners, this is a big deal.  

Liberal groups drop criticism of potential Obama Supreme Court nominee [MSNBC, 3/9/16]: When President Barack Obama nominated Sri Srinivasan to the D.C. Circuit in 2013, his name was already being floated for a future Supreme Court vacancy, a prospect that made some progressive groups uneasy.

Failed judicial nominees: It's 'no fun [Greenwire, 3/10/16]: When former Interior Department lawyer William Myers was picked by President George W. Bush for a federal appeals court seat, government investigators grilled his family and friends about his personal habits and finances. He was sharply criticized by hostile Senate Democrats during two grueling confirmation hearings. His nomination languished for more than three years. He never got the job.

Constitution Check: In the Supreme Court vacancy fight, which election counts most? Constitution Check: In the Supreme Court vacancy fight, which election counts most? [Constitution Daily, 3/10/16]: Lyle Denniston looks at the debate over the next Supreme Court nominee and how the upcoming November presidential and congressional elections may have different impacts on that process.


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:

Federal Judge: No Marriage Equality In Puerto Rico [BuzzFeed / Bloomberg View, 3/8/16]: As an 'unincorporated territory,' the judge ruled, the Supreme Court's ruling on marriage bans doesn't automatically apply to Puerto Rico.

The U.S. Supreme Court Refuses to Adopt an Alabama Ruling [The Atlantic, 3/8/16]: In a unanimous decision, the justices struck down a state-level ruling on a same-sex adoption case.

The American Presidency [TOPIC 15]

Obama narrowing list of possible Supreme Court candidates [AP / NPR / Cedar Rapids (Iowa) Gazette, 3/10/16]: Despite calls to select a Supreme Court nominee from outside the judicial monastery, President Barack Obama doesn't appear to be ready to leave the faith.

Justice Elizabeth Warren? The Supreme Court pick that would be the drama of all dramas. [CNN, 3/9/16]: The process of picking a Supreme Court justice is notoriously secretive. Late-night meetings, myths of White House "shortlists" and trial balloons of potential nominees coming from who-knows-where.

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:

A Specific Proposal That Helps Give Us a Sense of What Getting Rid of Citizens United Might Entail [Justia, 3/11/16]: Amar examines California’s Proposition 49—which seeks the voters’ approval for the California legislature to ratify an amendment to the federal Constitution to overturn the U.S. Supreme Court’s 2010 decision inCitizens United v. FEC—in order to shine light on what might be required to overturn the decision on a federal level. Amar argues that Proposition 49 highlights just how difficult it would be to craft a workable constitutional amendment to overturn Citizens United.

Why Donald Trump is Winning and Why His Nomination Could Shatter the Party [Sabato’s Crystal Ball, 3/10/16]: There has never been a frontrunner for a 
major party nomination like Donald Trump. Since announcing his candidacy, Trump has seemingly broken every rule of political campaigning — at times disparaging women, racial minorities, people with disabilities, and leaders of his own party — yet he has led the national polls for nine straight months, won 15 of the first 24 caucuses and primaries holding a presidential preference vote, and accumulated far more delegates than any other candidate. 

Are the Republicans Going the Way of the Whigs? [Sabato’s Crystal Ball, 3/10/16]: Pundits like Lou Cannon and David Broder suggested that the party hovered near its death-bed. And on several occasions that spring, Maryland’s moderate Republican Sen. Charles Mathias warned that unless his party mended its ways, it would “go the way of the Whigs.”

Sanders' Michigan win could serve as California template [CC Times, 3/9/16]: Bernie Sanders' stunning upset in the Michigan primary reverberated across the Golden State on Wednesday as his volunteer army marched back into action and Democratic leaders braced for a bruising, costly California nominating contest that could further weaken Hillary Clinton heading into November.

Will Trump and Hillary Duke it Out? [Fox & Hounds, 3/9/16]: “Vote the Crook—it’s important” read a bumper sticker in the 1991 Louisiana Governor’s race that pitted David Duke, a former Grand Wizard of the Ku Klux Klan, against Edwin Edwards, a former Louisiana governor who had been charged with bribery and was later convicted of 17 counts relating to extortion and racketeering. 

Legislation and the Legislative Process (TOPIC 20)


Does raising the smoking age to 21 keep more teens away from cigarettes? [KPCC, 3/11/16]: The strongest evidence suggesting this approach can succeed comes from the Institute of Medicine. It predicts a 12 percent drop among teens. 

Senate Dems push for more judges amid SCOTUS fight [Politico, 3/9/16]: Senate Democrats on Wednesday ratcheted up their fight with Republicans over judicial nominations, pushing for swift confirmations of two lower court judges even as the outlook for a future Supreme Court nominee remained bleak.

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


Teacher resigns from position at South Carolina high school after student accesses her cell phone and sends out text messages with nude photo of teacher [NSBA Legal Clips, 3/8/16]: Leigh Anne Arthur, a teacher at Union County High School (UCHS), has resigned after a student spread a nude picture of her through text messages and social media. The school superintendent said a student got hold of Arthur’s phone and took a picture of a nude picture that was on her phone. He said the student then sent the picture out through text messaging and social media. Read the full article to see the criminal implications.

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 First Amendment’s future, Facebook’s insatiable appetite, China versus Western media, the Turkish government takes over news agency [Newseum, 3/11/16]: The Newseum’s 1st Amendment update.

High school sophomore spearheads campaign for student press freedom legislation in Rhode Island [SPLC, 3/7/16]: With the help of high school sophomore Yanine Castedo, Rhode Island state representatives have introduced the Student Journalists’ Freedom of Expression Act, which would protect student journalists’ right to free speech and of the press, regardless of whether the publication is paid for by the school or produced as part of a class.

ACLU threatens lawsuit against California district accusing school officials of allowing religious endorsement in the classroom [NSBA Legal Clips, 3/9/16]: The American Civil Liberties Union of Southern California (ACLU-SoCal) has sent a letter to Azusa Unified School District regarding a high school science teacher’s “regular endorsement of religion” in the classroom. ACLU-SoCal claims the teacher, Michael Martinez, displays a large picture of Jesus Christ in the front of the room, has Bible verses on the walls and regularly voices his doubts about evolutionary theory during class.

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:

California district asks students to remove anti-gay symbols from ID badges until superintendent completes investigation [NSBA Legal Clips, 3/8/16]: Desert Sands Unified School District (DSUSD) Superintendent Gary Rutherford  has asked students at Shadow Hills High School (SHHS), who affixed an anti-gay symbol to their ID badges, to remove the symbol, says The Desert Sun, pending further investigation by the school district. In a letter to SHHS staff, Rutherford said “recently some information has been brought forward that requires additional investigation and follow-up to determine a proper course of action.” the letter continued, “Pending further investigation, we are going to ask students who are displaying the symbol showing a rainbow pattern with a circle and a line, at least for now, to remove symbols while at school.”

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