Tuesday, March 22, 2016

Posts for March 22, 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:

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 Second Amendment expands, but maybe not by much [SCOTIS blog, 3/21/16]: Reopening, for the first time in eight years, the always heated controversy over what the Second Amendment means, the Supreme Court on Monday sent the states and Congress an uncertain message, but one that seemed to caution against putting new or different kinds of weapons beyond the people’s right to have and use them.

Are Stun Guns Protected By Second Amendment? Supreme Court Suggests Yes [NPR, 3/21/16]: The Supreme Court strongly suggested Monday that stun guns are protected by the Second Amendment right to bear arms.

Gun dealers who sell to criminals can be liable to shooting victims: new ruling [Reuters, 3/21/16]: An Indiana state law immunizing gun manufacturers and dealers from lawsuits by victims of illegal shootings does not offer blanket protection for defendants that put weapons in the hands of criminals, according to a March 17 opinion by an intermediate state appeals court.

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:

Argument analysis: What does incumbency mean when the election is held? [SCOTUS blog, 3/21/16]: For a little more than a year, the Supreme Court has been pondering what to do about a potentially significant case over the use of race in drawing new maps for election districts.  But, at every step along the way, it has seemed troubled that maybe no one had a genuine legal stake remaining in the outcome, so maybe it did not have the authority to decide it as a “live” controversy.

Trump puts GOP House majority in jeopardy [Politico, 3/21/16]: Donald Trump is on the verge of two things once thought to be impossible: winning the Republican presidential nomination, and putting Republicans’ historically large House majority in danger.

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


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:

Sorry, Hulk Hogan, the First Amendment Is on Gawker's Side [Professor Noah Feldman in Bloomberg View / Reuters / THR, 3/21/16]: Last week I had to defend Donald Trump’s free-speech rights. Now that a Florida jury has awarded Hulk Hogan $115 million in his suit against Gawker, I have to defend the original snark-site’s free-press right to have shown a sex tape of the retired wrestler and his erstwhile best friend’s wife. This First Amendment stuff is sometimes a serious drag.

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:

International Law, Citizenship and Immigration [TOPIC 40-42]


U.S. Law Is So Great Even Europeans Want to Use It [Noah Feldman in Bloomberg View, 3/21/16]: In recent years, the Supreme Court has been loath to apply U.S. law abroad, fearing that becoming an international sheriff would alienate other nations and interfere with foreign policy. But what if foreign countries ask U.S. courts to step in? That's what is happening in European Community v. RJR Nabisco, a case that was argued Monday.



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