Thursday, March 31, 2016

 Posts for March 31, 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:

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.

http://www.scpr.org/news/2016/03/29/59047/meet-the-buena-park-teacher-behind-the-deadlocked/

Read the latest NSBA legal clip (3/31/16) piece on this case:

http://legalclips.nsba.org/2016/03/31/u-s-supreme-court-affirms-ninth-circuit-decision-upholding-public-sector-agency-shop-arrangements/

 


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