Tuesday, May 3, 2016

Posts for May 3, 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 teachers: Download an updated Kids and the Law: An A-to-Z Guide, published by the California state bar. This  is a great resource forlaw-related educators.

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:

Supreme Court, without Scalia, leaning liberal for second year [USA Today, 5/2/16]: When the Supreme Court completed its last term in June by upholding same-sex marriage and Obamacare, conservatives predicted this year would provide an about-face from a surprising string of liberal victories.

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:

American Has Never Been So Ripe for Tyranny [Andrew Sullivan in the NY Mag, 5/2/16]: Among other tidbits from Andrew Sullivan here, try this one: “The inclusion of previously excluded voices helps, rather than impedes, our public deliberation. But it is precisely because of the great accomplishments of our democracy that we should be vigilant about its specific, unique vulnerability: its susceptibility, in stressful times, to the appeal of a shameless demagogue.”  Or, later on, “The vital and valid lesson of the Trump phenomenon is that if the elites cannot govern by compromise, someone outside will eventually try to govern by popular passion and brute force.” This is a long piece, but worth a read for thoughtful students.

Did the Supreme Court Make the Right Decision in the Citizens United Case After All? [Vanity Fair, May, 2016]: Few Supreme Court decisions have been memorable—and even fewer have been notoriously wrong. Michael Kinsley examines how the controversial Citizens United v. Federal Election Commission case simply upheld a core national value (and maybe not the one you think).

Donald Trump’s claim about receiving the most votes ever in Republican primaries is False … for now [PolitiFactCA, 5/2/16]: Donald Trump’s march to the GOP nomination picked up steam last week, with dominant primary victories in the northeast.

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

Longtime Death-Row Inmate Denied Certiorari [CNS, 5/2/16]:  Justice Stephen Breyer complained Monday after the Supreme Court refused to hear a case where a man has been sitting on death row for 32 years.

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:

Let’s Celebrate “Our” World Press Freedom Day, Today [Newseum, 5/3/16]: “Rapidly disappearing around the globe, endangered even here in the United States, increasingly threatened by demagogues and dictators, digital disruption and disappearing advocates, Press Freedom Day.”

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:

Blue for Boys, White with Flowers for Girls: When Commencement is an Exercise in Discrimination [Justia, 5/3/16]: Professors Grossman and Bartlett explain why a high school policy prescribing one color of robes for boys and another color for girls violates both the Equal Protection Clause of the Fourteenth Amendment and Title IX. Grossman and Bartlett describe how this controversy could be easily resolved, as other schools have resolved other similar controversies.

A Room with a View: Federal Appeals Court Says School District Cannot Bar Transgender Boy from Using the Bathroom Aligned with his Gender Identity [Justia, 5/3/16]: Professor Grossman comments on a recent decision by the U.S. Court of Appeals for the Fourth Circuit holding that a school district cannot bar a transgender boy from using the boys’ restroom. Grossman explains the reasoning behind the appellate court’s decision and calls into question the rhetoric that single-sex bathrooms are somehow “sacred”—in light of the many scandals that take place in these places.


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