Wednesday, May 4, 2016

Posts for May 4, 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:

Justices need to show us their papers [USA Today, 5/4/16]: Supreme Court justices get to decide what happens to their files; That's bad for us and history.

Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court [Congressional Research Service, 5/3/16]: Here’s the report:

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:

Constitution Check: Is an old anti-New Deal precedent getting new life -- again? [Constitution Daily, 5/4/16]: Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at the dispute over Amtrak’s role in writing railroad track rules, and why the case seems destined for the Supreme Court.

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:

5 takeaways from the night that made Trump nominee [Politico / CNS, 5/3/16]: The comb-overthrow of the Republican party is complete. It was only right and proper that Indiana — the flyover state with the biggest shoulder chip about the coastal dopey elites — should ratify Donald Trump’s nomination as the GOP populist standard-bearer.

Ted Cruz’s departure crushes California’s primary hopes [SJ Merc, 5/3/16]:  Marty Wilson, a Republican political consultant, was at a poolside reception at a GOP gathering in Burlingame over the weekend, analyzing paths forward for Ted Cruz and John Kasich in California. He offered one major caution. If Donald Trump wins the Indiana primary, Wilson said, “This may be an academic argument.” Trump won in Indiana.

The Fall Outlook: Fear and Loathing on the 2016 Campaign Trail [Sabato’s Crystal Ball 5/3/16]: Probably our only real chance to understand today’s bizarre quest for the White House died with Hunter Thompson. Booze and acid fueled his writing, but piercing insight made his work timeless. A good bit of what he penned applies to the 2016 contest shaping up between Hillary Clinton and Donald Trump.

Republicans have a massive electoral map problem that has nothing to do with Trump [Chi. Trib, 5/3/16]: Politico reported Monday on a Florida poll conducted for a business group in the state that shows Hillary Clinton beating Donald Trump by 13 points and Ted Cruz by nine. Why is that important? Because if Clinton wins Florida and carries the 19 states (plus D.C.) that have voted for the Democratic presidential nominee in each of the last six elections, she will be the 45th president. It's that simple.

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

Supreme Court Gives Prisoner Rare Second Chance To Fight Alabama's Death Sentencing Scheme [Huff Post, 5/3/16]: The state's judicial override regime may soon be on the chopping block

Are Long Death Penalty Delays Unconstitutional? [Justia, 5/4/16]: Professor Dorf considers whether long delays in carrying out capital punishment render the practice unconstitutional. Dorf responds specifically to an argument put forth by the late Justice Scalia that execution delays are chiefly the result of the extensive procedures that the Court’s liberals have required for carrying out an execution.

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:

Paul Robert Cohen and 'his' Famous Free-Speech Case [Newseum, 5/4/16]: Paul Robert Cohen’s last name appears in one of the most important First Amendment free-speech cases in modern American history – in which a sharply divided U.S. Supreme Court strengthened free speech by protecting the right to engage in offensive expression.

Texas prison ban on Muslim inmate beards, caps ruled illegal [AP / Appellate Briefs blog, 5/3/16]: A federal appeals court panel has upheld a Texas prison inmate's right to a beard and skullcap as required by his religious beliefs.
The ruling can be found at:

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:

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