Thursday, April 7, 2016

Posts for April 7, 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:

What if the Supreme Court Were Liberal? [Professor Erwin Chemerinsky in The Atlantic, 4/6/16]: With a possible Merrick Garland confirmation and the prospect of another Democrat in the Oval Office, the left can't help but dream about an ideal judicial docket: abortion rights, voting rights, campaign finance . . .

Supreme Court Convenes a Settlement Conference [Justia, 4/6/16]: Professor Dorf comments on a recent unusual order by the U.S. Supreme Court asking for supplemental briefing from the parties to the latest religious challenge to Obamacare. In contrast with other commentators who have described the order as “puzzling” or “baffling,” Dorf explains how the Court’s order resembles something federal district courts do on a routine basis: facilitate settlement of the dispute.

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]

Obama's Wobbly Legal Victory on Immigration [Bloomberg View, 4/6/16]: The administration of President Barack Obama just won a big legal victory for its decision to let some children of illegal immigrants remain in the country. On the surface, that might seem to augur well for the administration's efforts to ease other immigration restrictions in the face of Congressional opposition.

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:

Senate/Governor 2-16: Several Ratings Move Toward Democrats [Sabato’s Crystal Ball, 4/7/16]: Will 2016’s presidential coattails be long or short?

Crowded ticket could ease path for Sanchez in Senate bid [AP, 4/6/16]: Thirty-four candidates want to be California's next U.S. senator. Beyond the leading Democrats, it's a mostly unfamiliar group that opens the way for surprises and could boost the chances of Rep. Loretta Sanchez in June's primary election.

Stop Trump’ Forces Lining Up in California [KQWD, 4/6/16]: And while California’s primary day is still two months away, voting by mail begins May 9th. And a powerful array of consultants, donors and activists is already working to make sure the Golden State is Trump’s Alamo.

Corporations may be progressive, but that still doesn't make them people [Reuters’ “Great Debate” blog, 4/6/16]: Conservatives were quick to pounce on liberals who cheered the corporations that objected to a Georgia bill that would have allowed some forms of discrimination against the lesbian, gay, bisexual or transgender (LGBT) community. It could well have been corporate pressure that convinced Georgia Governor Nathan Deal to veto the bill.

Legislation and the Legislative Process (TOPIC 20)


Obama's Nuclear Option for the Supreme Court: Order the Senate Back to Work [The Daily Beast, 4/6/16]: If all else fails, and it looks like it will, there is one option remaining for President Obama: invoke his constitutional authority to compel the Senate into session -- and off the campaign trail.

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


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:

Court: Native American church not excused from cannabis laws [AP, 4/6/16]: A federal court has ruled that a church for Native Americans in Hawaii should not be excused from federal marijuana laws despite the group's claim that ingesting cannabis is part of their sacred sacrament.

Idaho governor vetoes bill permitting Bible in public school curriculum [Jurist, 4/6/16]: The legislation explicitly allowed the Bible to be referenced in various subjects including literature, biology, geography, comparative government and history. The bill would not require students to use the religious text, and stated that it did not mean to "permit religious or doctrinal instruction."

Rebooting’ journalism and a free press — 2.6 terabytes at a time [Newseum, 4/7/16]: The Panama Papers illustrates that having journalists in place to gather, make sense of and then report what they have found is a required, resilient and valuable asset.

First Five: A safe space for free speech, ‘Speaking Freely’ at SXSW, political correctness, and a new survey shows what students think of free speech [Newseum, 4/7/16]: Newseum news updates.

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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