Tuesday, April 5, 2016

Posts for April 5, 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:

Jury Room Racism Is Protected. It Shouldn't Be [Bloomberg View, 4/5/16]: Law and tradition say that a jury verdict shouldn't be overturned on the basis of something jurors say in their deliberations, no matter how ignorant or offensive. But what if there’s strong evidence that the jury deliberations were racially biased? Does the defendant’s right to a fair trial supersede the tradition of letting the verdict stand?

Supreme Court to rule on juror's racial bias [USA Today / SCOTUS blog, 4/4/16]: The Court agreed Monday to hear a case testing whether racially charged comments spoken in the privacy of jury deliberations can be used to overturn a guilty verdict. The justices will consider a challenge brought by a Hispanic man convicted of sexually harassing two women in a bathroom at a Colorado horse-racing track.
Read the background in Pena-Rodrigues v. Colorado here:

Will Alito replace Scalia as the Supreme Court's most stinging questioner? [Yahoo News, 4/4/16]: U.S. Solicitor General Donald Verrilli appeared to be momentarily flustered last month as he argued the Obama administration’s case before the Supreme Court that religiously affiliated nonprofits’ health care plans must include birth control….

How the Supreme Court has changed since Antonin Scalia died [CNN, 4/4/16]: In the eight weeks since Justice Antonin Scalia's sudden death, the political branches of government have engaged in a raging debate over the future of the Supreme Court.

U.S. top court rejects Wal-Mart, Wells Fargo class action appeals [Reuters, 4/4/16]: Wal-Mart had sought to get rid of a $187 million class action judgment over the retailer's treatment of workers in Pennsylvania. Wells Fargo & Co wanted the justices to toss a $203 million judgment over allegations the bank had imposed excessive overdraft fees.

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 American Presidency [TOPIC 15]

Supreme Court split threatens Obama's immigration actions [The Hill, 4/4/16]: President Obama is facing the very real possibility of a deadlock at the Supreme Court that guarantees his immigration actions won't take effect before he leaves office.

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:

Evenwel v. Abbott
Supreme Court Upholds 'One Person, One' Vote Principle [NPR / The Atlantic, 4/5/16]: The Supreme Court unanimously ruled on Monday that states may count all residents, whether or not they are eligible to vote, when drawing election districts. Hear Nina Totenberg’s broadcast:
Here is the decision in Evenewel:
Constitution Check: What does 'one-person, one-vote' mean now? [Constitution Daily, 4/5/16]:
How a Challenge to Legislative Redistricting Backfired  [The Atlantic, 4/4/16]:
Justice Ginsburg Just Shut Down One Of America's Most Notorious White Rights Activists [ThinkProgress, 4/4/16]:

The Trump Factor: Will It Activate California’s Latino Voters? [KQED, 4/4/16]: He won’t be one of the more than 2 million Latinos in California who are eligible to vote but don’t bother to register. According to Pew Hispanic Research Center, millennials — those 35 and younger like Bedolla — make up almost half of Latino eligible voters. And Bedolla wants to help stop Republican front-runner Donald Trump, who created an international controversy after calling Mexican immigrants rapists and drug runners.

Legislation and the Legislative Process (TOPIC 20)


Conservatives pounce over Garland meetings [Politico, 4/4/16]: The backlash for Republicans who plan to meet with Obama's nominee kicks into high gear.

Senators remain at stalemate over Supreme Court as they return to work [USA Today / Reuters, 4/4/16]: Senators remained at a stalemate Monday over the nomination of Merrick Garland to the Supreme Court as they returned from a two-week recess marked by heavy lobbying from groups supporting and opposing an up-or-down vote on the judge.

$15 Becomes Law [Calif. Politics Podcast, 4/4/16]: A special Monday edition of the podcast: Gov. Jerry Brown signs the $15 minimum wage law. We take a look at the politics that got us here, and what might lie ahead.

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


What It’s Like to Almost Get Executed [The Marshall Project, 3/31/16]: San Quentin inmate Kevin Cooper on watching the minutes tick away on his life.

Supreme Court reverses Tenth Circuit on sex offender registration [Jurist, 4/4/16]: The Court on Monday ruled unanimously in Nichols v. US that the Sex Offender Notification and Registration Act (SONR) did not require an individual to update his registration in Kansas once he departed the state and moved to a foreign country, overruling the Tenth Circuit.

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 Strange Career of Free Exercise [The Atlantic, 4/4/16]: America is experiencing a revolution in religious-freedom law -- transforming the rights of individual conscience into a bulwark of secular wealth and ecclesiastical power.

Court Denies Review in Campaign Finance Case [First Amendment News from “Concurring Opinions, 4/5/16]: Today the Court issued its orders list in which the Justices declined to hear the case of Justice v. Hoserman. The recent update to the 1st Amendment docket of the Court is reviewed also.

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:


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