Wednesday, April 27, 2016

Posts for April 27, 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:

Justices weigh case of jury discharged, then called back [AP / Bloomberg, 4/26/16]: Once jurors return their verdict and the judge thanks them and sends them on their way, their job is done. Or is it? That's the question that turned a minor traffic accident in Montana into a Supreme Court case on Tuesday.
The case is Dietz v. Bouldin:

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:

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:

Top Republican floats Cruz as Supreme Court pick [The Hill, 4/26/16]: House Majority Whip Steve Scalise (R-La.) laid out the idea during an interview on Fox Business Network when asked about the possibility of Donald Trump and Cruz uniting on a White House ticket.

Top two: Democrats feel the heat [Capitol Weekly, 4/26/16]: California’s fledgling top-two voting system, which creates an open primary for statewide and other offices, could prove costly to Democrats in liberal districts while rewarding Republicans who lose.

Donald Trump Sweeps Northeast, Clinton Takes Four of Five States [CNS, 4/26/16]: Donald Trump swept all five Northeastern states holding primaries Tuesday, continuing to stockpile delegates as his rivals and the GOP establishment try in vain to stymie his ascent to the nomination.

Trump declares race won, but it’s not [Politico, 4/26/16]: Donald Trump strode into the lobby of Trump Tower, the marble agleam in red and blue floodlights, past cheering supporters in cocktail attire and declared the long fight for the Republican nomination over

GOP's Troubles Just Beginning [Roll Call, 4/26/16]: Both Donald Trump and Ted Cruz have glaring weaknesses as presidential nominees, but that’s only the beginning of the GOP's problems. Just as important, the current mix of top issues is simply terrible for Republicans in general and conservatives in particular. 

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


People v. McGehee [Cal.App. Report, 4/26/16]: Hereis a neat little hypothetical that you might discuss when you get to your Criminal Law unit as a way to introduce “intent.” This blog post is worth reading.
The case itself, People v. McGehee is reported at:

What Happens When There Aren't Enough Judges to Go Around [The Marshall Project, 4/26/16]: 84 federal vacancies, and a glacial confirmation rate, put extra stress on some districts.

San Francisco police text scandal at odds with diverse image [AP / KQED / SF Chron, 4/26/16]: Details of a second batch of racist and homophobic text messages sent by a San Francisco police officer seem at odds with the image of a rainbow-flagged city that prides itself on diversity.

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:

The Heffernan Case, the Chief Justice’s Curious Vote, the Significance of Justice Scalia’s Absence, & the Importance of Motive [Concurring Opinions, 4/27/16]: Yesterday the Court handed down Hefferman v. City of Patterson. It was the 43rd First Amendment free expression opinion handed down by the Roberts Court (count includes per curiams). 

Supreme Court rules for employee in free speech case [Jurist, 4/26/16]: The US Supreme Court ]ruled Tuesday in Heffernan v. City of Paterson that when an employer demotes an employee based on participation in a protected political activity, the employee is entitled to challenge the demotion under Section 1983 and the First Amendment, even when the employer demoted the employee based on an incorrect factual understanding of the employee's political activities. 

Washington Redskins ask Supreme Court to review trademark ruling [Jurist, 4/27/16]: The Redskins requested that the court not consider the case unless it also takes up a similar disparaging trademark case involving a band named "The Slants".

World Press Freedom Remained Low in 2015 [Newseum, 4/27/16]: The percentage of the world’s population that has access to a free press remained at its lowest point in more than a decade in 2015, according to an annual report released by Freedom House.


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:

How to Say 'Privacy' in U.S. and UK English [Bloomberg View, 4/26/16]: Americans think they have a God-given right -- or least a constitutional one -- to the details of celebrity sex lives.

Constitution Check: Do labor unions have a new answer to right-to-work laws? [Constitution Daily, 4/26/16]: Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at the debate over “right-to-work” laws and a potentially important case in Wisconsin.

Texas Teachers Fight New Rating System [CNS, 4/27/16]: Two teacher associations have sued Texas, challenging its new rules on teacher appraisals, an important step in determining whether teachers will keep their jobs.

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


Two Courts, Two Interpretations [Justia, 4/26/16]: An interesting discussion of a recent decision by the Brazilian Supreme Court affecting presidential impeachment procedures. The authors point out that the United States and Brazil have similar constitutional origins of impeachment proceedings but that the two countries diverge in interpreting and applying those provisions.


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