Tuesday, May 17, 2016

Posts for May 17, 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:

This inmate started hand-writing a case the Supreme Court ended [McClatchy DC, 5/16/16]: From the isolated depths of California State Prison, Corcoran, inmate Antonio A. Hinojosa hand-wrote his way toward the U.S. Supreme Court.

What Does the Supreme Court Think About Celebrities Being Photoshopped Naked? [THR, Esq., 5/16/16]: Yes, that question could come up if the high court agrees to the NCAA's petition to review its dispute with athletes over compensation. 

Shorthanded Supreme Court Ducks the Big Questions [Bloomberg, 5/16/16]: On Monday the Supreme Court issued no fewer than six opinions. The one that will make headlines -- involving the contraceptive mandate of the Affordable Care Act -- wasn’t really a decision at all, but an attempt to make the lower courts do the case over.

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:

Court says counties must justify zoning that restricts gun stores [SF Chron, 5/16/16]: The Constitution protects the right to buy and sell firearms as well as the right to own them, a federal appeals court said Monday in reviving a lawsuit challenging an Alameda County ordinance banning gun shops within 500 feet of a residential neighborhood or a school.

Will there be a compromise deal on ACA birth control? [Constitution Daily / SCOTUS blog / The Atlantic, 5/17/16]: Lyle Denniston looks at the Supreme Court’s decision to return the Obamacare contraception case to the lower courts, with the intent of asking both sides on the issue to find common ground.

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:

High Primary Turnouts: Any Clues for the Fall? [Sabato’s Crystal Ball, 5/17/16]: No matter what one thinks of this often surreal presidential primary campaign, it has been a hit at the ballot box.

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

13 Important Questions About Criminal Justice We Can’t Answer [The Marshall Project, 5/16/16]: A few weeks ago, the White House trumpeted the progress of its Police Data Initiative. The nearly one-year-old project prods local cops to publish data on their operations in a bid to increase transparency and build trust with the communities they police.

Arizona sheriff found in contempt for violating court order on racial profiling [Jurist, 5/17/16]: A federal judge on Friday found Arizona Sheriff Joe Arpaio in contempt of court for "intentionally" disobeying orders to stop the racial profiling of Latinos. Arpaio, who has dubbed himself "America's toughest sheriff," had been ordered by the court in 2013 to cease extreme tactics aimed at ending illegal immigration, which have included "saturation patrols” in which people are stopped and their immigration status is checked.

When Illegal Stops Lead to the Discovery of Outstanding Warrants: Utah v. Strieff [Justia, 5/17/16]: Professor Colb comments on a case currently before the U.S. Supreme Court, in which the Court will decide whether evidence located during a search incident to arrest after an unlawful stop will be admissible in evidence against the arrestee. Colb discusses this and also the broader question of the future role of the exclusionary rule in the law of the Fourth Amendment.

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:

Supreme Court rejects challenge to law banning protests on 'plaza' [Jurist, 5/16/16]: The US Supreme Court on Monday rejected a challenge to a law that bans protests on the marble plaza in front of the courthouse. 

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:

After Fifty Years of Failed Policies, A Federal District Court Finally Orders District to Desegregate [EdLawProfs blog, 5/17/16]: Chalk one up to the principle that the Constitution imposes an affirmative duty on school districts to dismantle segregation and that duty does not evaporate into the ether simply by the passing of years. A district that relies on evaporation can, at some point, finally be held to account. 

No Gay Wedding Invitations, Please [CNS, 5/17/16]: Two wedding-invitation designers sued Phoenix, claiming a city law forces Christian artists to work for gay and lesbian weddings in violation of their religious beliefs.

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