Posts for July 26, 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:
SCOTUS Usually Steers Clear of Politics . . . Sort of [Bloomberg, 7/21/16]: Some “politics” from the
justices is inescapable….
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:
Alaska Supreme Court
rejects parent-notification law for abortions [Alaska Dispatch-News, 7/22/16]:
The Alaska Supreme Court has invalidated the state law requiring physicians
to give two days notice to parents before performing abortions on girls under
18 years of age.
The
American Presidency [TOPIC 15]
Michelle Obama Steals
the Show in DNC Speech at Philadelphia [CNS, 7/26/16]: Michelle Obama electrified the Democratic National
Convention Monday night heralding the greatness of the nation in a very
personal way, noting how it's evolved from a country where "generations ...
felt the lash of bondage" to one where she can "wake up every morning
in a house that was built by slaves ... and watch my daughters, two beautiful,
intelligent, black young women playing with their dogs on the White House
lawn."
Obama rejects Trump's dark America [Politico,
7/22/16]: 'This vision of violence and chaos everywhere, doesn't really jibe
with the experience of most people,' the president says.
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:
Melania Trumps Plagiarism
Fiasco
[Justia, 7/21/16]: John Dean explains why
Melania Trump’s plagiarism fiasco might not simply fade away, and he argues
that it reveals more about Donald than Melania. Dean dissects the situation and
the bogus responses by several people in or close to Trump’s campaign.
Unconventional Wisdom after Cleveland [Fox &
Hounds, 7/22/16]: While the Republicans have been doing their best to paint the
darkest possible picture of Hillary Clinton, the back-to-back party conventions
give the Democrats an edge, as they can have the last word—if anybody is still
listening. Counterpunching can be an extremely effective political tactic.
How Tim Kaine matches up against Mike Pence [Politico,
7/22/16]: Neither has a taste for smash-mouth campaigning. But both know how to
draw blood when necessary.
Virginia court strikes
down order giving felons voting right [AP, 7/22/16]: Gov. Terry McAuliffe's action restoring the voting
rights of more than 200,000 felons was unconstitutional, Virginia's highest
court ruled, 4-3, Friday, siding with Republican lawmakers who said the
governor overstepped his authority.
Texans may use postcard,
affidavit for voter ID after court faults law [Reuters, 7/21/16]: Some Texas voters may need to show a state postcard
listing them on the election roll to cast ballots in November elections after a
U.S. appeals court found the state's voter ID was discriminatory, specialists
said on Thursday.
DNC sought to hide details of Clinton funding deal [Politico,
7/26/16]: Leaked emails show officials
tried to obscure fact that Clinton allowed states to keep only a tiny fraction
of proceeds from joint fundraising.
Why Putin hates Hillary [Politico, 7/25/16]:
Behind the allegations of a Russian hack of the DNC is the Kremlin leader's
fury at Clinton for challenging the fairness of Russian elections.
Madame President? Wide Range of Feelings Among Women
Delegates [KQED, 7/25/16]: As the Democratic party prepares to make
history this week by nominating Hillary Clinton for president, female delegates
from California gathered at the Marriott Hotel in downtown Philadelphia
expressed feelings ranging from elation to “meh.”
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
Truth-testing Trump
on Law and Order [The Marshall Project, 7/22/16]: “These are the facts,” he says. Mmmm, not so fast.
This Is What
'Travesty of Justice' Looks Like [Bloomberg View, 7/22/16]: Call it Scalia’s revenge. In one of the last cases
that he authored before he died in February, Justice Antonin Scalia convinced
his colleagues to strike down a key clause of the Armed Career Criminal Act
because it was unconstitutionally vague. As a result, thousands of convicted
felons are now asking courts to have their sentences reduced.
50-year story of the
Miranda warning has the twists of a cop show [ABA Journ., 7/25/16]: One has to believe that Chief Justice William H.
Rehnquist had been waiting for decades for an opportunity to overrule Miranda
v. Arizona. To him, the famous, extremely controversial decision handed
down in 1966 was one of the worst from Earl Warren and the liberal majority he
had commanded as chief justice for the better part of 16 years.
"[S]tate supreme courts have become, at least for
the time being, the last safeguard of the United States Constitution in the
vast majority of criminal cases."
So writes Circuit Judge Stephen Reinhardt,
concurring in a decision that the en banc U.S. Court of Appeals for the Ninth Circuit issued today in a post-AEDPA case, Curiel v. Miller, which can be found
at:
There ought to be a law,
but there isn't: Upskirting not a crime in Ga. [Atlanta J-C, 7/19/16]: The lewd practice of “upskirting” — the surreptitious
videotaping of a person’s private parts in a public place — cannot be
prosecuted as a crime in Georgia, the state’s Court of Appeals has ruled.
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:
What is “Free Speech”
on the Web—in Theory and in Practice [Newseum, 7/21/16]: As offensive to some as
Twitter’s ban may be, it undeniably is another example of where we collectively
may be staking out the boundaries of what can and cannot be posted —sometimes
in fits and starts prompted by events.
ACLU Names Georgetown Law Prof David Cole as New
Legal Director [Concurring Opinions,
7/22/16]:
Washington Supreme Court finds antibegging law
unconstitutional [Jurist, 7/22/16]:
The court found that the ordinance
restricted protected speech in a public forum and was therefore invalid. The
restrictions, which the court referred to as "content-based,"
prohibited begging in several areas such as ramps, intersections, bus stops, or
within 25 feet of an ATM.
Burning the Flag Is OK, But Starting Fires Sometimes
Isn't [Bloomberg View, 7/21/16]: The man who
established the constitutional right to burn the American flag almost 30 years
ago may go to prison for doing the same thing outside the Republican National
Convention in Cleveland yesterday.
Zubik update: U.S. seeks nationwide advice on birth-control
dispute [Constitution Daily / Balkinization blog, 7/23/16]: The Obama administration, in a major surprise, on
Thursday, launched a nationwide plea for advice — technical, practical, legal
and even religious — on ways to settle the bitter controversy over the
Affordable Care Act’s birth-control mandate.
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:
Due Process Alert:
"If a seventh grader starts trading fake burps for
laughs in gym class, what's a teacher to do?" So beings a
dissenting opinion that Tenth
Circuit Judge Neil M. Gorsuch issued today. The dissenting opinion in
A.M.
v. Holmes, from New Mexico, begins at page 95:
New Transgender
Discrimination Case Against Wisconsin School District Could Be Quick Repeat of
Grimm or Present Several Wrinkles [EdLawProfs blog, 7/21/16]: Ashton
Whitaker, A transgender high school student in Wisconsin, has filed suit
against Kenosha School District. He alleges that the district has
denied him access to male restrooms consistent with his gender and continues to
refer to him by the female name on his birth certificate.
Colorado baker wants U.S. Supreme Court to hear gay
wedding cake case [Denver Post,
7/22/16]: The Colorado Supreme Court decided last month not to hear the case.
International Law, Citizenship and
Immigration [TOPIC 40-42]
Why Obama Has Failed to Close Guantanamo [New Yorker, 8/1/16]: Congress is blamed for
preventing the President from fulfilling his pledge; But that's not the whole
story.
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