Thursday, May 5, 2016

Posts for May 5, 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 Is Not Corruption [Amicus podcast / SCOTUS blog, 4/30/16]: Why the appearance of quid pro quo may not be enough to uphold the conviction of Virginia's former governor. U.S. Supreme Court heard arguments in McDonnell v. U.S., an appeal of the 2014 corruption conviction of Virginia’s former governor.

The Supreme Court Gets Ready to Legalize Corruption [Jeffrey Toobin in The New Yorker, 5/4/16]: The Supreme Court’s decision in Citizens United marches like a zombie precedent, destroying all in its path. First the case turned the law of campaign finance into a useless corpse. Now it appears the law of political bribery is the next victim. Citizens United let rich people buy candidates; now they may be able to purchase office-holders, too. That’s the message from the Court’s argument last week in the appeal of Bob McDonnell, the former governor of Virginia. “The line is between access to decision-makers, on the one hand, and trying to influence those decisions, on the other.”

Congressional Report Finds Pragmatic Record for Supreme Court Nominee Garland [WSJ, 5/4/16]: A report by Congress’ nonpartisan research arm suggests U.S. Circuit Judge Merrick Garland would be a pragmatic voice if confirmed to the Supreme Court, scoring fewer ideological points and securing more victories than the outspoken conservative he would succeed, the late Justice Antonin Scalia.

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:

Trump begins in a massive hole [Politico, 5/4/16]: The presumptive GOP nominee trails Hillary Clinton and Bernie Sanders by polling margins not seen in a generation.

Legislation and the Legislative Process (TOPIC 20)

Gov. Brown signs bills to raise smoking age to 21, restrict e-cigarettes [CPR, 5/4/16]: Gov. Jerry Brown on Wednesday signed a pack of bills that will raise the smoking age in California from 18 to 21, and restrict the use of electronic cigarettes in public places.

Measure to legalize pot headed for November ballot [SF Chron, 5/4/16]: California voters will decide this November whether to decriminalize the recreational use of marijuana by adults, Lt. Gov. Gavin Newsom announced Wednesday, calling the looming vote a "pivotal moment" in the national debate around pot legalization and the 45-year-old war on drugs.

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

First Five: World Press Freedom Day, Bible bill vetoes, The Guardian’s first VR project, Instagram and investigative reporting  [Newseum, 5/5/16]: Scouring the web for First Amendment news is our job. Enjoy First Five, your regular dose of First Amendment news.

Amish Beard-Cutters Fail to Nix New Sentences in 6th Circuit [CNS, 5/4/16]: A group of Amish men and women who cut the beards and hair of those they deemed hypocrites will serve between one and 11 years in prison, the Sixth Circuit found Wednesday.
The opinion in U.S. v. Mullet can be found at:

Judges Are Thinking More About Excessive Force [Bloomberg View, 5/4/16]: The Black Lives Matter movement may be starting to affect the thinking of federal judges, if a Texas case is any indication. Wednesday, a George W. Bush appointee wrote a dissent that started this way: “Wayne Pratt received the death penalty at the hands of three police officers for the misdemeanor crime of failing to stop and give information.”

The U.S. Supreme Court Evaluates Criminal Penalties for Refusing Blood/Breath Alcohol Content Tests [Justia, 5/5/16]: Professor Colb comments on a case on which the the U.S. Supreme Court recently heard oral argument that presents the question whether a state law may, absent a search warrant, attach criminal penalties to a DUI suspect’s refusal to undergo a chemical test of the suspect’s blood, urine, or breath to determine alcohol concentration. Colb predicts that the Court will decide that any test of a person’s internal state—whether through a blood draw, a breathalyzer, or a urine sample—requires a search warrant in the absence of exigent circumstances.

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:

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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