Posts for April 20,
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:
Google's book-copying
project survives challenge [SCOTUS blog, 4/18/16]: A massive book-copying project by Google, giving its
customers a chance to search the texts of more than twenty million volumes,
survived a broad copyright challenge in the Supreme Court on Monday. With
no noted dissents, the Justices voted to leave intact lower courts’ conclusion
that what Google is doing with the project amounts to legal “fair use,” even of
the volumes protected by exclusive rights.
Roberts on legal standing, then and now [SF
Chron, 4/19/16]: Once upon a time, Chief Justice John Roberts argued for
keeping a lid on federal lawsuits by restricting legal “standing,” an aggrieved
party’s right to defend its claimed interests by filing suits or appeals.
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:
U.S. top court rules
against Maryland over power plant subsidies [Reuters / SCOTUS blog,
4/19/16]: The U.S. Supreme Court on Tuesday
ruled against Maryland in its bid to revive a program to subsidize natural
gas-fired electricity plant construction to serve the power needs of its
residents in a case weighing state versus federal authority.
The decision in Hughes v. Talen
Energy Marketing can be found at:
Supreme Court splits 4-4, again, in state sovereignty fight [Politico, 4/19/16]: The
shorthanded Supreme Court divided 4-4 again Tuesday on one of two key questions
in a case involving the authority of states to impose penalties on other
states. Ruling in a case over a tax dispute involving a man who moved from
California to Nevada, the justices said they could not muster a majority to
resolve whether to overrule a 1979 Supreme Court precedent that permits state
courts in one state to assert jurisdiction over state agencies in another.
The ruling in Franchise Tax
Bd. of Cal. v. Hyatt can be found at:
The American Presidency [TOPIC 15]
The vanishing
constitutional issue in United States v. Texas [Constitution Daily /
SCOTUS blog, 4/19/16]: Lyle Denniston,
the National Constitution Center’s constitutional literacy adviser, looks at
why the Supreme Court was silent on the Take Care Clause in Monday’s
immigration arguments.
Prosecutorial
Discretion: The Dog that Didn’t Bark in the Immigration Argument—Yet [Justia, 4/20/16]: Professor Dorf comments on the recent oral argument before the
U.S. Supreme Court in United
States v. Texas, a case involving a challenge to the Obama
Administration’s deferred action immigration policy. Dorf points out that
underneath the procedural questions actually before the Court in that case is a
crucial unasked question: What is the scope of the president’s prosecutorial
discretion not to enforce laws duly enacted by Congress?
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 and Clinton win NY primary races; How Trump
Could Win the GOP Nomination in 5 (Not-so-Easy) Steps [Sabato’s Crystal Ball, 4/20/16]: Donald Trump did what he needed to do in New York on
Tuesday night. He easily eclipsed 50% of the vote statewide and in most of
the congressional districts, giving him 90 of the Empire State’s 95 delegates
(as of Wednesday morning). His path to winning a delegate majority
remains open, but it is perilous.
Bernie Sanders has never felt the burn of PolitiFact’s
Pants On Fire rating [PolitiFact, 4/19/16]: PolitiFact has examined
nearly 90 statements by Democratic presidential candidate Bernie Sanders but it
hasn’t rated a single one Pants On Fire — a label reserved for only the wildest
fabrications. He’s the only White House hopeful this year who has not felt that
PolitiFact burn.
Trump's real magic number is less than 1,237 [Politico,
4/19/16]: Even before Donald Trump’s big win in New York Tuesday night, the
conversations among party officials and high-level operatives about a contested
Republican convention were already shifting dramatically.
Justices Spit Out
Arizona Redistricting Feud [CNS, 4/20/16\: Arizona
voters failed to sway the Supreme Court on Wednesday that a redistricting
commission favored Democrats, since the outcome ultimately favored Republicans.
The unanimous decision in Harris v. Arizona Indep.
Redistricting Commission is at:
Federal court refuses to alter Florida congressional district
boundaries [Jurist, 4/20/16]: A panel of federal judges on Monday rejected a motion by Representative
Corrine Brown challenging the current congressional district boundaries in
Florida.
Our
nation’s capitol: Shadow lobbying makes it hard for public to track influence
peddling [FAN, 4/20/16]: Current
laws regulating lobbying fail to protect the public’s right to know who is
working to influence legislation and policy in Washington, D.C. as some 20,000
lobbyists ply the halls of government.
Legislation and the Legislative Process (TOPIC 20)
Cal. Lawmakers advance gun control measures in response
to San Bernardino massacre [KQED, 4/19/16]: Four months after the San Bernardino mass
shooting, state lawmakers on Tuesday gave initial approval to five gun control
bills, including measures that would outlaw assault rifles with detachable
magazines, ban possession of clips holding more than 10 rounds and require
homemade guns to be registered with the state.
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
U.S. Supreme Court set to weigh state's breath test
law [Minneapolis Star Trib, 4/19/16]:
The ruling in the case to be heard Wednesday could touch thousands of the
state's motorists each year, attorneys say.
"Unbeknownst to Appellants, the stash house did
not actually exist, but was fabricated by undercover federal agents as part of
a sting operation."
Nevertheless, yesterday a unanimous three-judge panel from the 4th
Circuit upheld the defendants' convictions for the crimes they committed in
planning to rob the hypothetical stash house. Read the ruling in U.S.
v. Shane Elliot Hare at:
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:
Is God a
Spaghetti Monster? That's a Serious Legal Question [Bloomberg
View, 4/19/16]: What’s a religion? The
question is fundamental to the legal analysis of religious freedom, yet courts
avoid addressing it. The Supreme Court has never given a concrete answer. The
result: Courts don’t claim to be able to define religion, but think they know
it when they see it.
Polygamy Is Constitutional. Here's Why [Bloomberg View, 4/14/16]: Now that a U.S.
appeals court has declined
to strike down Utah’s bigamy laws, it’s reasonable to ask: What does the
Constitution, properly interpreted, have to say about the topic?
The Art of Protecting Non-Speech as Speech [Concurring Opinions, 4/20/16]: Are paintings
protected b the First Amendment? What about music? And photography and films?
Of course! But wait, what about the words (and they are words) of
the First Amendment? Congress shall make no law . .
. abridging the freedom of speech, or of the press.
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:
Court overturns Virginia
school's transgender bathroom rule [AP / Politico / BuzzFeed / Jurist, 4/19/16]: A Virginia high school discriminated against a
transgender teen by forbidding him from using the boys' restroom, a federal
appeals court ruled Tuesday in a case that could have implications for a North
Carolina law that critics say discriminates against LGBT people. The Obama administration has taken the position that sex discrimination
bans under federal law include protections against anti-transgender
discrimination; On Tuesday, the 4th Circuit Court of Appeals upheld that
interpretation.
The ruling in U.S. v. Gloucester County School Board is
at:
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