Friday, May 13, 2016

Posts for May 13, 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:

Decision Time Arrives for Controversy-Shy U.S. Supreme Court [Bloomberg, 5/13/16]: The court is opening the last phase of its nine-month term, a six-week stretch that will feature rulings on affirmative action, immigration, abortion, contraceptive coverage, and Puerto Rico’s debt. A batch of opinions is likely on Monday.

Does Size Matter? [Governing.com, 5/12/16]: The Latest Battle Over State Supreme Courts; Over the past decade, legislators in several states have sought to expand or reduce the number of justices on their highest courts; In some cases, they admit their intent to tilt the ideological balance.

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. judge hands win to Republicans in Obamacare challenge [Reuters / Politico / SCOTUS blog, 5/12/16]: U.S. District Judge Rosemary Collyer, based in Washington, ruled that the administration cannot spend billions of dollars in federal funds to provide subsidies under the law known as Obamacare to private insurers without the approval of Congress. Congress authorized the program but never actually provided the money for it, wrote the judge. The program will be allowed to continue, pending appeal. Next step: the D.C. Circuit Court of Appeals
Here Judge Collyer’s ruling:

The American Presidency [TOPIC 15]


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:

The Trump-GOP feud lives on [Politico, 5/12/16]: Pretty pictures aside, Trump and the party elite still have serious issues to settle.

‘Guys with big hands’: Top GOP ad man launches campaign to ‘unsell’ Trump [Politico, 5/12/16]: After decades of selling leading GOP candidates, political ad guru Bob Gardner — who has created TV campaign spots for Dick Cheney, Gerald Ford, Mitt Romney, George H.W. Bush, and Arnold Schwarzenegger — is drawing the line at helping Donald Trump

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

States Move Toward Treating 17-Year-Old Offenders as Juveniles, Not Adults [NY Times, 5/13/16]: When Chené Marshall got into a fight in high school, she assumed she might get suspended. Instead, the police arrested her. Then a 17-year-old junior with no criminal record, she did not realize that Louisiana was one of the dwindling minority of states where all 17-year-olds are treated as adults by the criminal justice system.

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:

Make America Safe Again: Reject Islamophobia [Charlie Haynes of the Newseum, 5/13/16]: On the campaign trail, Islamophobia has moved from the crackpot fringe to mainstream political discourse. Only by making America safe again for Muslim citizens will we keep America safe for people of all faiths and none.

Facebook is More Like a Cable Network than a Newspaper [Concurring Opinions, 5/13/16]: “As I worried yesterday, Facebook’s defenders are already trying to end the conversation about platform bias before it can begin. “It’s like complaining that the New York Times doesn’t publish everything that’s fit to print or that Fox News is conservative,” Eugene Volokh states.”

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:

The National School Boards Association legal team has been actively involved in the “transgender students using school facilities” debate. Here are some recent links to articles from various states:

Departments of Education and Justice Issue Policy Guidance on Transgender Rights [EdLawProfs blog, 5/13/16]: The guidance does not mince words or over-complicate the issue, but simply states that the "Departments treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations. 
Here’s the “policy guidance”:

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

Amnesty: Syria armed groups committing war crimes [Jurist, 5/13/16]: The human rights group found that these armed opposition groups are routinely carrying out attacks that indiscriminately target civilians and civilian sites, resulting in murder and destruction in the area.

Trump’s Border Wall: It Should Never Happen [Justia, 5/13/16]: John Dean analyzes Donald Trump’s proposal to build a wall along the Mexican-United States border. Dean explains why the wall is not only logistically unfeasible, but also why it is simply a bad idea as a matter of policy.

Secrecy Thwarts Justice at Guantanamo [Bloomberg, 5/12/16]: Secrecy and justice don't mix. Just look at the latest contortions in the case of Khalid Sheikh Mohammed, the accused mastermind of the September 11 attacks.

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