Wednesday, August 24, 2016

Posts for August 24, 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:

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:

Appeals court: Week of early voting shouldn't return to Ohio [AP / Election Law blog, 8/23/16]: A federal appeals court on Tuesday upheld an Ohio law that trims a week of early voting in the swing state, reversing a judge's decision that had restored the time.

Kansas is latest state to press for voter restrictions [USA Today, 8/23/16]: Kansas became the latest state to press a federal case aimed at keeping thousands of would-be voters from casting ballots in November, asking a federal appeals court in Denver on Tuesday to back the state's strict proof-of-citizenship requirement.

Why Major and Minor Parties Should Support Instant Runoff Voting [Justia, 8/24/16]: Professor Dorf explains why both major and minor parties would benefit from changing to an instant runoff voting system. As he explains, such a system would allow people to vote for their first-choice candidate (including third parties) without the risk of incidentally aiding their last-choice candidate.

https://verdict.justia.com/2016/08/24/major-minor-parties-support-instant-runoff-voting

Hillary Clinton health rumors part of Trump campaign rhetoric about 'weaker sex' [AP, 8/23/16]: Intent on undermining his Democratic rival, Trump and GOP backers are increasingly relying on rhetoric that academics and even some Republican strategists say has an undeniable edge focused on gender.

Many donors to Clinton Foundation met with her at State [AP, 8/23/16]: More than half the people outside the government who met with Hillary Clinton while she was secretary of state gave money — either personally or through companies or groups — to the Clinton Foundation. It's an extraordinary proportion indicating her possible ethics challenges if elected president.

Trump Says Border Wall Will Be 35 Feet High [CNS, 8/24/16]: Donald Trump told Fox News host Sean Hannity in a town hall meeting Tuesday that he would not back down on his pledge to build a wall on the Mexican border, and that the wall will be 35 to 40 feet high.

First Amendment News: Snapshots of David Cole #2: Chipping Away at Citizens United [Concurring Opinions, 8/24/16]: In this post the focus is on Professor Cole’s views on the First Amendment and campaign finance laws, with a particular focus on Citizens United v. Federal Election Commission (2010).

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

Residency where marijuana is legal no reason for police search -- U.S. court [Reuters, 8/23/16]: A federal appeals court on Tuesday said police officers cannot stop and search vehicles belonging to out-of-state motorists simply because of where they are registered, including states where marijuana use is legal.

SF court casts doubt on cockfighting as a deportable crime [SF Chron, 8/23/16]: Cockfighting is a crime in all 50 states, but it may not be the type of gravely immoral offense that requires deportation of any noncitizen who commits it, a federal appeals court in San Francisco ruled Tuesday.

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:

Terrorism and free speech: Britain’s Choudary shows difficulties of stemming proselytizing [FAC, 8/23/16]: The British Muslim extremist Anjem Choudary was convicted last week after 20 years of radicalizing young people and urging them to engage in terrorism. His case demonstrates how difficult it is to convict someone like Choudary even in Great Britain where free speech is not as staunch as it is in the U.S.

Ban on advocacy ads at airport ruled unconstitutional [Phil. Inquirer, 8/23/16]: Philadelphia's ban on noncommercial advertisements at the airport - sparked by one it rejected calling for prison reform - is unconstitutional, a federal appeals court ruled in a decision published Tuesday.

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/Equal Protection? Corporal Punish Use Found in Schools in 21 States [Education Week, 8/23/16]: More than 109,000 students were paddled, swatted, or otherwise physically punished in 2013-14, an Education Week analysis finds. And Punishment rates for blacks are nearly double those for whites.
Employer alert: Your arbitration clause is going to be tested at SCOTUS [Reuters, 8/23/16]: Something dramatic has happened in the world of employment law this summer, and sooner than later, it’s going to require the attention of the U.S. Supreme Court.

Private-School Grad Students Can Unionize [CNS, 8/23/16]: Graduate students at private universities won the right to unionize Tuesday after the National Labor Relations Board overturned its prior decision that "deprived an entire category of workers" of labor protections.





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