Tuesday, August 2, 2016

Posts for August 2, 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:

Supreme Court Appointments a Big Deal Because Government Constantly Overstepping Bounds [Reason.com, 8/1/16]: If the other branches of government stayed within their constitutional limits, the Supreme Court wouldn't be as prominent.

How Scalia Made It Difficult to Bring Cases to Court [The Atlantic, 8/1/16]: The late Supreme Court justice wrote a number of opinions that limited the ability of racial minorities, victims of police misconduct, and others to vindicate their constitutional rights.

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:

What is legal interpretation anyway? [Volokh Conspiracy, 8/1/16]: The standard picture has a hard time telling us *which* of the possible theories of meaning we should use (the speaker’s intent, the reader’s understanding or something else?) and *what* documents that theories apply to (the enacted text alone, or more?).

The American Presidency [TOPIC 15]

Obama challenges GOP to drop support for Trump [AP, 8/2/16]:  President Barack Obama slammed Donald Trump as "woefully unprepared" to serve in the White House on Tuesday and challenged Republican lawmakers to drop their support for their party's nominee. "There has to come a point at which you say enough," Obama declared.

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:

Gallup: Trump support tumbles after conventions [Politico, 8/1/16]: In the wake of the Republican and Democratic national conventions, voters are more likely to support Hillary Clinton than Donald Trump, according to a Gallup poll released Monday.

McCain Rebukes Trump for Comments About Soldier's Family [Roll Call, 8/1/16]: Arizona Sen. John McCain blasted Donald Trump for his attacks on the family members of an American solider killed in Iraq in 2004 who have feuded with the Republican presidential nominee since the father's speech at the Democratic National Convention last week. 

Trump suggests general election could be 'rigged' [AP, 8/2/16]: Trump's extraordinary claim — one he did not back up with any immediate evidence — would, if it became more than just an offhand comment, seem to threaten the tradition of peacefully contested elections and challenge the very essence of a fair democratic process.

AP Fact Check: Trump gets much wrong on Ukraine [AP, 8/1/16]: Donald Trump is trying to claw back a string of inaccurate comments about Ukraine, but he's yet to get it right. On the weekend, Trump asserted in an ABC interview that Russia would not enter Ukraine, not seeming to know Russian troops were already there.

Is SCOTUS a Good Reason to Support Trump? [Reason.com, 8/1/16]: Libertarian and Conservative Legal Experts Weigh In.

Will the Court Revisit Shelby County? [Slate, 8/1/16]: It doesn't seem likely the Supreme Court will overturn its disastrous Voting Rights Act ruling, even if there's a new liberal on the bench.

It's 'Christmas' for challengers to voting restriction laws [CNN / Slate, 8/1/16]: o say that the last few weeks have been good for challengers to voting restriction laws across the country would be an understatement.

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

It's OK to Hold Police to a Higher Standard [Bloomberg View, 8/1/16]: Can police be held to a higher standard than civilians? The Ohio Supreme Court said no last week, in striking down a law that criminalizes sex between a police officer and a minor.

Appeals Court Rules in Separate Strip-Search, Prom Breath-Test Cases [School Law Blog, 8/1/16]: A federal appeals court, in separate rulings involving the Fourth Amendment, has denied immunity for a school administrator in the strip search of a student to look for drugs, but upheld the use of portable blood-alcohol tests for students entering the high school prom. (We previously posted on these two cases.)
The strip search is D.H. v. McDowell and can be found at:
The prom case is Ziegler v. Martin Co. Sch. Dist., and can be found at:


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:

Abigail Fisher: Affirmative action plaintiff 'proud' of academic record [BBC, 8/1/16]: Abigail Fisher's case against the University of Texas at Austin (UT) thrust her into the very centre of heated and overlapping public debates about race and identity, integration, privilege and education in the United States.

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