Thursday, March 17, 2016

Posts for March 17, 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:

The Supreme Court Confirmation Battle Begins [The Atlantic / Huff Post / Reuters, 3/16/16]: President Obama nominates Merrick Garland to the U.S. Supreme Court, setting up an election-year battle with Senate Republicans.

The Garland Nomination:
Merrick Garland, President Obama's Sensible Supreme Court Choice [New Yorker, 3/16/16]:
Garland Could Claim U.S. Supreme Court's Ideological Center [Bloomberg News, 3/16/16]:
Meet Merrick Garland, President Obama's Supreme Court Nominee [YouTube, 3/16/16]:
Merrick Garland is an extraordinarily disappointing choice [Slate, 3/16/16]:
Cut Merrick Garland some slack [Slate, 3/16/16]:
Obama Makes a Smart Bet for the Supreme Court [Bloomberg, 3/16/16]:
Lynn Garland, Merrick's Wife: 5 Fast Facts You Need to Know [Heavy.com, 3/16/16]:
A 'view' from the Rose Garden: Sunny side up for Garland nomination [SCOTUS blog, 3/16/16]:
Obama's Pick Would Help the Court. (Liberal Causes, Not So Much.) [Bloomberg View, 3/16/16]:
Garland's lack of standout opinions a boon in confirmation fight [Politico, 3/16/16]:
Supreme Court nominee dilemma: What about the day job? [Politico, 3/16/16]:
Progressives grouse about Obama's Supreme Court pick [Politico, 3/16/16]:
For Supreme Court Nominee Merrick Garland, Law Prevails Over Ideology [WSJ, 3/16/16]:
Analysis: Obama dares GOP to let Clinton, Trump pick justice [AP, 3/16/16]:

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:

Alabama: The U.S. Constitution Applies to You, Too [Justia, 3/17/16]: Professor Grossman comments on a recent per curiam opinion by the U.S. Supreme Court in which it instructed the Alabama Supreme Court to obey the U.S. Constitution and give full effect to a lesbian couple’s adoption decree from Georgia. Grossman describes the facts leading up to the case and explains why the High Court ruled firmly as it did, and why the Alabama court was incorrect.

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:

Local Elections Yield Results, But Receive Few Votes [Capital Public radio, 3/16/16]: The undercard races for local offices, such as city council and board of supervisors, offer the greatest opportunity for residents to exert influence and directly engage with elected officials, yet they receive some of the least attention, engagement and votes. 

Why your signature is worth more than ever [CalMatters, 3/15/16]: Democracy has a price. And at the moment, it’s higher than ever in California.

Trump: ‘I think you’d have riots’ if contested convention results in a different nominee [CNN, 3/16/16]: Republican presidential front-runner Donald Trump said Wednesday that a contested GOP convention could be a disaster if he goes to Cleveland a few delegates shy of 1,237 — and doesn't leave as the party's nominee. "I think you'd have riots," Trump said on CNN.

GOP convention is shaping up to be a wild one [SF Chron, 3/16/16]: For the first time in a generation, the Republican National Convention will be something more than a four-day infomercial that the TV networks largely ignore until the party nominee’s acceptance speech. Cue the confetti drop.

Legislation and the Legislative Process (TOPIC 20)


The Senate Must Deny Obama's Bid to Transform the Supreme Court [Nat. Re3v., 3/16/16]: “I think very highly of Merrick Garland, whom President Obama has nominated to fill the Supreme Court seat of the late, legendary Justice Antonin Scalia. Merrick was a voice of reason and sound judgment as a top official in the Clinton Justice Department during the Nineties when I was prosecuting terrorists.”

Bring it On {Linda Greenhouse in the NY Times, 3/16/16]: So it's going to be the Bork Battle all over again, is it?

Big Pharma Dumps Big Money Into Fight Against Prescription Drug Measure [KQED, 3/16/16]: Pharmaceutical companies continue to pour cash into their campaign to defeat a California ballot measure that would limit prescription drug prices, a new campaign finance analysis shows

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


The Law Makes It Easier to Traffic Teens for Sex [Noah Feldman in Bloomberg View, 3/16/16]: Can a judicial decision be both tragic and correct? Yes, as the U.S. Court of Appeals for the First Circuit showed yesterday when it upheld the dismissal of claims by underage girls who were victims of sex trafficking facilitated by the website Backpage.com.

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:

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