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:
A Supreme Court
Hijacking [Linda Greenhouse in the NY Times, 3/30/16]: At its core,
this case, Zubik v.
Burwell, is a case about religion’s role in civil society. The
plaintiffs are betting on an expansive interpretation of a federal statute, the
Religious Freedom Restoration Act. And here’s where hijacking comes in. What’s
being hijacked is not the religious objectors’ insurance plans, but the
Religious Freedom Restoration Act itself.
The Supreme Court: The Nightmare Scenario
[Politico, 3/29/16]: A year without a justice is
the least of our worries; We could be in for a full-scale constitutional
meltdown.
Constitution Check: If the
Supreme Court splits 4-to-4, does anybody win? [Constitution Daily,
3/29/16]: Lyle Denniston, the National
Constitution Center’s constitutional literacy adviser, looks at how the Supreme
Court is close to powerless when it takes on a case that then fizzles in a
4-to-4 split.
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:
Testing Territorial Limits [The Atlantic, 3/29/16]:A crop of court cases could
change the relationship between the United States and its territories.
Supreme Court sympathetic
to property owner in wetlands dispute [Reuters / Bloomberg, 3/30/16]:
The U.S. Supreme Court on Wednesday appeared likely to rule that property
owners can challenge the federal government in court over the need for permits
under a national water protection law in a case involving a company's plans for
a Minnesota peat mine.
The Supreme Court's
Plea for Health Insurance Help [The Atlantic / LA Times, 3/30/16]: The
justices are split—and desperate to find a solution that works for religious
nonprofits and the government in a battle over birth control.
The American Presidency [TOPIC 15]
Obama Commutes the
Sentences of 61 Federal Prisoners [The Marshall Project, 3/30/16]: AN attempt to further level out crack cocaine sentencing disparities.
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:
Trump’s 24 hours of mayhem [Politico / The Hill,
3/30/16]: Donald Trump yanked the Republican Party toward a contested
convention over the past 24 hours as he let rip an extraordinary series of
statements on abortion, the Geneva Conventions, violence against women and his
own commitment to supporting the GOP presidential nominee that seemed to
obliterate the notion that the party will unite behind him anytime soon.
The Electoral College: it’s the only thing that
matters [Sabato’s Crystal Ball,
3/31/16]: It’s a long way to November, but for the moment the GOP is an underdog.
Op Ed: How the Sandersistas Can Shape the Future [CalBuzz.
3/30/16]: Now that Bernie Sanders has lost most of the once-industrial Midwest
to Hillary Clinton, now that it’s vanishingly likely that he’ll become the
Democratic nominee, the most important period of the Sanders insurgency has
finally begun.
How California’s Primary Process Will Help Donald Trump
and Hurt Ted Cruz pFox & Hounds, 3/30/16]: California’s June
primary will not really count in the long race for the Republican nomination
like it should because the primary here is organized in a way that makes no
sense. Instead of one presidential primary on June 7, we will have 54 contests.
Legislation and the Legislative Process (TOPIC 20)
How Democrats could force a Supreme Court vote [Politico, 3/29/16]: Sen. Grassley expects them to use
a rare procedural maneuver to press the issue. It’s called a “motion to
discharge.”
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
Justices: Government can't
freeze assets unrelated to crimes [AP / The Atlantic / Bloomberg,
3/30/16]: The government cannot freeze the
financial assets of people accused of crimes if the money has no connection to
criminal activity and is needed to pay legal defense costs, the Supreme Court
ruled Wednesday.
The fuling in Luis v. U.S. can be found at:
Alabama's Death Penalty Needs to Go [Slate, 3/29/16]: In light of the Supreme Court's
ruling against judicial override in Florida, one state remains where judges
alone can decide life or death.
It’s Been 40 Years Since the Supreme Court Tried to Fix
the Death Penalty — Here’s How It Failed [The Marshall Project, 3/30/16]: In early April 1976, Potter Stewart, Lewis Powell,
and John Paul Stevens met for lunch at the Monocle, a venerable Washington
steakhouse, and decided the future of the American death penalty.
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:
Why the Ferguson Consent Decree Matters for the First
Amendment [Jurist, 3/29/16]: Last week, the City of
Ferguson, Missouri, entered into a consent
decree with the Department of Justice (DOJ) under which it has agreed to
overhaul its Police Department practices through a series of changes intended
to promote transparency,
Safe Place for Free Speech
[Charlie Haynes of the Newseum, 3/31/16]: When chalked graffiti promoting
Donald Trump and his controversial wall appeared overnight on buildings, steps,
and other surfaces at Emory University in Atlanta, Ga., last week, student
reaction ranged from amusement to outrage.
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:
North Carolina’s HB
2: Does Passing an Obviously Unconstitutional Law Make the Law Even More
Unconstitutional? [Justia, 3/31/16]: What are we
to make of a state that enacts an obviously unconstitutional law? That’s the
question arising out of North Carolina’s recent passage of House Bill 2 (HB 2),
a law that takes away existing anti-discrimination rights from LGBT people and
makes it impossible for them to seek protection through normal legislative or
judicial processes. Professor Grossman discusses.
Read the NSBA’s
legal clip (3/31/16)piece on this:
http://legalclips.nsba.org/2016/03/31/civil-rights-groups-file-suit-in-federal-court-challenging-north-carolinas-restrictive-public-restroom-law/
Meet the SoCal teacher behind the big Supreme Court
decision on union dues [KPCC, 3/30/16]: Four of the ten California
plaintiffs in the Supreme Court's Friedrichs v. California case, which
challenged teachers unions' ability to collect fees from non-members, are from
Orange County and three others teach in other Southern California schools.
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