Thursday, May 19, 2016

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.
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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