Posts for May 19, 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.
California aims to reflect diversity in classroom studies [AP,
5/18/16]: How do you teach the history of the world in California schools,
where nearly two-thirds of students are Latino or Asian, many from newly
immigrated families?
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:
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:
Could Trump obliterate
partisan politics? [PBS, 5/18/16]: Donald Trump may be the most
divisive presumptive presidential nominee in recent history. But the real
estate mogul’s rise has also blurred traditional party lines — potentially
fueling crossover voters and redefining the Republican Party in the process.
It’s Not All About Bernie Sanders [Washington Monthly, 5/18/16]: Clinton will be the nominee of the Democratic Party, and she wants to win. That means that dealing with this division in the party is her problem. She’s got to figure out the best way to bring the party together. If that means being a bigger person, or if that means making an uncomfortable concession, or if that means adopting or even co-opting some of the Sanders agenda, then those are things she’ll have to consider.
http://www.washingtonmonthly.com/political-animal-a/2016_05/its_not_all_about_bernie_sande060590.php
Here’s the latest delegate count from Real Clear Politics
and 538 [5/18/16]:
Trump unveils list of 11 potential Supreme
Court justices [AP /
ThinkProgress / Bloomberg / The Hill, 5/18/16]: Trump's picks include Steven
Colloton of Iowa, Allison Eid of Colorado and Raymond Gruender of Missouri.
Also on the list are: Thomas Hardiman of Pennsylvania, Raymond Kethledge of
Michigan, Joan Larsen of Michigan, Thomas Lee of Utah, William Pryor of
Alabama, David Stras of Minnesota, Diane Sykes of Wisconsin and Don Willett of
Texas.
Education fight ‘over shades of Democrat’ [CalMatters,
5/18/16]: A group that lobbies to change public education is pouring money into
a handful of Northern California legislative races ahead of the June 7
election, aiming to influence the kind of Democrats who hold power in the state
Capitol.
Legislation and the Legislative
Process (TOPIC 20)
Appellate nominee gets hearing,
confirmation still in doubt [Milwaukee
Journal, 5/18/16]: The Senate took a modest step Wednesday toward filling the
oldest vacancy of its kind in the country by holding a hearing on the
nomination of Wisconsin lawyer Donald Schott for the 7th Circuit Court of
Appeals.
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
How Death Penalty Initiatives Seek To Solve A Broken
System [CPR, 5/18/16]: California voters will likely decide in
November whether to abolish the death penalty or to streamline the process.
Proponents for two competing ballot initiatives met for a hearing at the
Capitol Tuesday. They argued whether the death penalty is moral, necessary, or
just, but also if the state’s current broken system can be fixed.
Pfizer Turns Its Back on the Execution Business
[Brennan Center for Justice, 5/18/16]: The
decision last week by pharmaceutical giant Pfizer to block
the use of its drugs for executions has both symbolic and practical implications for the
continued imposition of the death penalty in America. It will not remotely end
the use of capital punishment in those states still are inclined to use it.
No Right to Speedy Sentencing, Justices Rule
[CNS, 5/19/16]: The Supreme Court ruled Thursday
that a criminal defendant's right to a speedy trial doesn't apply once they
have been found guilty at trial or have pleaded guilty to charges.
Read the Betterman v. Montana decision at:
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:
Hello Facebook! Welcome to wide, wild world of news
media [Newseum, 5/19/16]: Millennials
and others were outraged — outraged! — at the recent disclosure that the
internet social media giant’s “trending topics” report may have had more than a
smidge of real people decision-making involved in the daily determination of
what’s hot in posted news.
RFRA, Zubik v.
Burwell, and the Do No Harm Act [Justia,
5/19/16]: Hamilton comments on the recent
decision by the U.S. Supreme Court in Zubik
v. Burwell, in which the Court via a per curiam opinion declined to
interpret the Religious Freed Restoration Act (RFRA) as applied to the
Affordable Care Act. Hamilton also describes the Do No Harm Act, which is a
bill proposed this week that attempts to carve out of RFRA some of its worst
incentives and inclinations. While Hamilton argues that RFRA should be repealed
outright, she acknowledges that the Do No Harm Act is absolutely a step in the
right direction.
Copyright on a Useful Article [Concurring Opinions, 5/19/16]: I want to discuss a
major copyright case that the Court added to its docket for the Fall. The
question presented in Star Athletica, LLC v. Varsity Brands, Inc. is “What is the appropriate test to
determine when a feature of a useful article is protectable under section 101
of the Copyright Act?” This is an issue that has long vexed the circuit courts
and is exactly the type of case that the Court should be taking while it’s a
man down.
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:
New poll finds 9 in 10 Native Americans
aren't offended by Redskins name [Wash Post, 5/19/16]: Nine in
10 Native Americans say they are not offended by the Washington Redskins name,
according to a new Washington Post poll that shows
how few ordinary Indians have been persuaded by a national movement to change
the football team’s moniker.
International Law, Citizenship and
Immigration [TOPIC 40-42]
Constitution Check: Is
plea bargaining a step toward closing Guantanamo? [Constitution Daily,
5/19/16]: Lyle Denniston, the National
Constitution Center’s constitutional literacy adviser, looks at a possible
solution to the detention of prisoners at Guantanamo involving long-distance
plea bargains.
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