Friday, August 12, 2016

Posts for August 12, 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.

Report says 1 in 5 charter schools in California “illegally” screens applicants [NSBA Legal Clips, 8/10/16]: A report from the American Civil Liberties Union of Southern California (ACLU-SoCal) and Public Advocates (PA) concludes that one in five charter schools in California are requiring applicants and their families to meet criteria not required under state law.

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:

What Would Clinton Win Mean for SCOTUS? [Bloomberg, 8/11/16]: A left-leaning court with at least one appointment from potential President Hillary Clinton would mean a big shift in areas of the law such as voting rights and gun control, but panelists making predictions at the American Bar Association annual meeting doubted the new court would overturn major precedents.

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:

The American Presidency [TOPIC 15]

Reid predicts Clinton will choose Garland for Supreme Court [AP / Politico, 8/11/16]: Senate Democratic Leader Harry Reid says he is convinced that Democratic presidential candidate Hillary Clinton will nominate Judge Merrick Garland to the Supreme Court if she is elected president.

The Obama Criminal Justice Reforms That Trump Could Undo [The Marshall Project, 8/10/16]: A close look at the “executive actions” that the sweep of a pen could end.

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 team, RNC to meet at pivotal moment [Politico, 8/11/16]: Donald Trump’s campaign and top Republican Party officials plan what one person called a “come to Jesus” meeting on Friday in Orlando to discuss the Republican nominee’s struggling campaign, according to multiple sources familiar with the scheduled sit-down.

Clinton eagerly cedes the spotlight to Trump [Politico, 8/11/16]: Her economic speech attacks the GOP nominee but reflects a strategy that lets the Republican hog national headlines.

Clinton Releases 2015 Income Tax Information [CNS, 8/12/16]: Hillary Clinton's campaign on Friday released income tax information that shows the Democratic nominee and her husband paid a federal tax rate of 34.2 percent and donated 9.8 percent of their income to charity last year.

Legislation and the Legislative Process (TOPIC 20)

California Legislature Kills Fentanyl, Whistleblower Protection Bills [CPR, 8/11/16]: California lawmakers churned through more than 500 bills one-by-one in the blink of an eye Thursday. The Senate and Assembly appropriations committees froze some measures while advancing and amending others – all without any debate or explanation. 

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

South Carolina Bd. of Ed. recommends rules limiting police officers’ involvement in school discipline [NSBA Legal Clips / EdLawProfs blog, 8/11/16]: The South Carolina Board of Education (SCBE) tentatively approved new rules limiting school resource officers’ (SROs) involvement with student discipline. It also unanimously recommended new classifications for student misbehavior. The proposed rules indicate that officers should not get involved until offenses become criminal, which is defined as posing a “direct and serious threat” to safety, such as assault, drug sales or gun possession.

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:

Military court rejects religious angle in Marine's discharge [AP, 8/11/16]: The U.S. military's highest court is upholding the bad-conduct discharge of a Marine who argued that the disciplinary action violated her religious beliefs.
The decision from the U.S. Court of Appeals for the Armed Forces in U.S. v. Monifa Sterling can be found here:

First Amendment Has the Teeth to Help Consumers [Bloomberg, 8/11/16]: The First Amendment was called in to do the dirty work last week on an Ohio rule that bans dentists from advertising their specialties while continuing to practice general dentistry.

Pennsylvania mom keeps trying to get Ten Commandments statue removed from school grounds [McClatchy DC, 8/10/16]: A lawsuit over a 60-year-old monument of the Ten Commandments in front of a school in Pennsylvania is back on.
You can read the 3rd Circuit opinion in Freedom From Religion Found. v. New Kensington Arnold Sch. Dist. at:

The Vexing Nature of California’s Attempt to Protect Free Speech Through its Anti-SLAPP Statute [Justia, 8/12/16]: Professor Amar comments on a recent case that highlights the challenging nature of California’s attempt to protect free speech through its anti-SLAPP statute. Amar describes the background of the case as well as the larger problems that arise when applying the Anti-SLAPP law to discrimination and harassment lawsuits.

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? South Carolina Law on Disrupting School Faces Legal Challenge [NY Times, 7/11/16]: The video was startling and soon went viral: A white sheriff’s deputy in a South Carolina high school drags a black girl from her desk, slams her to the floor and then handcuffs her. The girl’s crime? She had refused a teacher’s order to put away her cellphone, then refused an order to leave the classroom.

7th Circuit panel rules that Title VII does not prohibit sex discrimination based on sexual orientation [NSBA Legal Clips, 8/9/16]: It stated that it could not uphold a Title VII claim based on sexual orientation despite a recent administrative ruling by the Equal Employment Opportunity Commission holding that Title VII does apply to claims of sex discrimination based on sexual orientation. 
The decision in Hively v. Ivy Tech Cmty. College can be found at:


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