Thursday, June 30, 2016

Posts for June 30, 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:

Kennedy's swings, Scalia's death define volatile Supreme Court term [CNN, 6/28/16]:
The Ideal Allies [Slate, 6/28/16]: Abortion was saved with a dry, wonky, emotionless opinion from a man. Which was perfect.  
How Supreme Court's Texas decision may affect Pa.'s abortion law (and many other states) [Phil. Inquirer / AP, 6/28/16]:

Justice Kennedy Turns Into a Liberal [Bloomberg / The Atlantic / Reuters / “Law and Liberty” blog / LA Times, 6/30/16]: Supreme Court Justice Anthony Kennedy’s vote to reaffirm the validity of affirmative action in higher education admissions and to give bite to abortion rights mark the endpoint of his near-complete transformation into a constitutional liberal.

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:

Symposium: The constitutional law of abortion after Whole Woman's Health -- What comes next? [Kevin Walsh in SCOTUS blog, 6/28/16]: Whole Women’s Health v. Hellerstedt began with the potential to be a big case in a big Term. It has ended as a doctrinally insignificant but ideologically ominous case in a transitional Term.

How goes the legislative attack on abortion rights? [Nat. Const. Center, 6/28/16]:

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:

Political Science Forecasts of the 2016 Presidential and Congressional Elections: Part One [Sabato’s Crystal Ball, 6/30/16]: Normally around this time in a presidential election cycle -- the “interregnum,” as it has come to be known -- we would be waiting for the dust from the nomination campaigns to settle before moving on to the conventions and to considerations of the general election race. As you may have noticed, however, this is not a normal year. It has been anything but.

Republicans Can Save Their Party if They Can Admit to Themselves That Clinton Is Tolerable [Justia, 6/30/16]: Professor Buchanan explains why it is in the best interests of Republican leaders for them to admit that Hillary Clinton would be a tolerable president, rather than to support Donald Trump. Buchanan argues that for them to continue to support Trump is to risk putting a dangerous loose cannon in the White House, who at best will render the Republican party unrecognizable, and at worst could tear apart the country.

Legislation and the Legislative Process (TOPIC 20)

California bill extending teacher probation dies in committee [EdSource, 6/29/16]: The latest legislative effort to extend the probationary period for teachers faltered Wednesday in the Senate Education Committee when the bill’s author failed to find the votes to move the bill forward.

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

A Potential Landmine in Waiting in Utah v. Strieff [Justia, 6/28/16]: Professor Colb discusses the U.S. Supreme Court’s recent decision in Utah v. Strieff, holding that evidence found in that case as a result of a Fourth Amendment violation was not the direct consequence of the violation and was therefore properly admitted into evidence against the defendant under the attenuation doctrine. Colb explains how one throwaway line in the opinion, if taken to its logical conclusion, could potentially spell the death of the exclusionary rule.

A Professional Bounty Hunter Who Likes the Bail System Just the Way It Is
 [The Marshall Project, 6/29/16]: A star of reality TV, Beth Chapman takes on those who say money bail is unfair.

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:

Newseum Partners with Amazon on a New Resource for Teachers [Newseum, 6/28/16]: Amazon Inspire will shape the future of K-12 education by helping teachers easily discover and share free, quality educational resources.

2015 Term: What Happened to the Big Cases? — Equally Divided or Cert. Denied [Concurring Opinions, 6/29/16]: The big First Amendment news of the 2015 Term was the cases the Court declined to hear. But even in the one case the Justices actually decided (4-4 cases don’t count), they were of two minds. The result: no blockbuster opinion like last Term.

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:

The Procedural Issues in the Texas Abortion Case [Justia, 6/29/16]: Professor Dorf comments on the procedural issues the U.S. Supreme Court recently addressed in the Texas abortion case, Whole Woman’s Health v. Hellerstedt. Dorf explains why the majority’s reasoning on the procedural issues is reasonable (and in his view, correct), notwithstanding the criticism by the dissent.




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