Posts for August 25, 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 (5^th ed.) student textbook.

I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Who Oversees the Overseers? An Explosive Law Review Article Points Up the Difficulty in Keeping Appellate Courts Honest [Justia, 8/25/16]: Professor Amar responds to a law review article by University of Illinois law professor Al Alschuler critizing the Seventh Circuit, and specifically judge Frank Easterbrook, for what Alschuler views as judicial wrongdoing. Rather than comment on the validity of Professor Alschuler’s allegations, Amar argues that Alschuler’s article highlights the need for greater attention to be paid to the integrity and validity of U.S. courts of appeals.

https://verdict.justia.com/2016/08/25/oversees-overseers-explosive-law-review-article-points-difficulty-keeping-appellate-courts-honest

SCOTUS Short-Lister Watford Praised by Both Sides [Bloomberg, 8/24/16]: Judge Paul J. Watford, only the second black judge at the U.S. Court of Appeals for the Ninth Circuit, might get another chance at being nominated to the U.S. Supreme Court.

https://bol.bna.com/scotus-short-lister-watford-praised-by-both-sides/

II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5^th 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 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Amid turmoil, Sanders outlines next step for his revolution [SF Cjron, 8/24/16]: Bernie Sanders is hoping to redirect the energy behind his insurgent presidential campaign, and so on Wednesday he launched Our Revolution, an organization aimed at recruiting volunteers and like-minded candidates to preach his core message, that America’s political and economic systems are rigged to favor the wealthy.

http://www.sfchronicle.com/politics/article/Amid-turmoil-Sanders-outlines-next-step-for-his-9183339.php?t=5ec4c933267d4f3860&cmpid=twitter-premium

Generic Ballot Forecasting Model: Dems Could take Back Saenate But GOP Likely to Hold House with reduced Majority [Sabato’s Crystal Ball, 8/25/16]: With the presidential contest getting so much coverage in the national media, however, much less attention has been devoted to the critical battle for control of the next Congress. Regardless of the outcome of the presidential election, whether Republicans or Democrats control the House and Senate will have enormous consequences for the direction of the country and the ability of the next president to carry out his or her agenda.

http://www.centerforpolitics.org/crystalball/articles/generic-ballot-forecasting-model-democrats-could-take-back-senate-but-republicans-likely-to-hold-house-with-reduced-majority/

The Political Science Election Forecasts of the 2016 Presidential and Congressional Elections, Part 3 [Sabato’s Crystal Ball, 8/25/16]: The twin Seats-in-Trouble forecasting models of congressional elections predict the net two-party aggregate seat change for the Democratic Party in the House and Senate, respectively. 

http://www.centerforpolitics.org/crystalball/articles/the-political-science-election-forecasts-of-the-2016-presidential-and-congressional-elections-part-3/

How to Tell if 2016 is a Wave Election [Sabato’s Crystal Ball, 8/25/16]: As has been the case in every recent election cycle, some journalists have even begun to write about whether or not 2016 could be a wave election.

http://www.centerforpolitics.org/crystalball/articles/how-to-tell-if-2016-is-a-wave-election/

Hillary Clinton’s run-out-the-clock strategy [Politico, 8/24/16]: With 75 days until Election Day and new emails once again casting a pall over her campaign, Hillary Clinton aims to “run out the clock,” confidants say, on the latest chapters of the overlapping controversies that have dogged her campaign since the start.

http://www.politico.com/story/2016/08/hillary-clinton-trump-email-strategy-227347

Clinton, Ryan team up on anti-poverty plan [Politico, 8/24/16]:  A key to the bipartisan appeal? It will help millions of poor white voters who live in GOP-held districts as well as black voters in Democratic districts. 

http://www.politico.com/story/2016/08/clinton-paul-ryan-poverty-plan-227207

Clock running out on challenges to voting rights cases in key states [CNN, 8/24/16]: The pressure is on to resolve key issues in a timely manner as courts are often reluctant to make legal changes too close to Election Day.

http://www.cnn.com/2016/08/24/politics/voter-id-rights-cases/index.html

Federal appeals court upholds Ohio early voting cuts [Jurist, 8/24/16]: The US Court of Appeals for the Sixth Circuit on Tuesday upheld cuts to early voting in Ohio as well as the elimination of the so-called "Golden Week" in which voters could register and cast their votes simultaneously.

http://www.jurist.org/paperchase/2016/08/federal-appeals-court-upholds-ohio-early-voting-cuts.php

Koch Targets Publicly Funded Elections in South Dakota [CNS, 8/24/16]: Billionaire Charles Koch has targeted for defeat a voter initiative in South Dakota that would allow public funding of elections and provide more information about big political donors.

http://www.courthousenews.com/2016/08/24/koch-targets-publicly-funded-elections-in-south-dakota.htm

Legislation and the Legislative Process (TOPIC 20)

California Passes Twin Climate-Change Bills [CNS, 8/25/16]: A 20-month battle between California's Democratic leaders and the oil industry over an environmental plan requiring deep cuts in greenhouse gas emissions was settled Wednesday when lawmakers approved a pair of climate change bills.  The sweeping climate plan cements California's dedication to the nation's strictest greenhouse gas laws through 2030.

http://www.courthousenews.com/2016/08/25/california-passes-twin-climate-change-bills.htm

IV. Criminal Law and Procedure (4^th, 5^th, 6^th, and 8^th amendments) [See TOPICS 21-28 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit

11th Circuit panel rules that strip search of student in front of peers violated 4th Amendment standards [NSBA Legal Clips, 8/23/16]:

http://legalclips.nsba.org/2016/08/23/eleventh-circuit-panel-rules-that-strip-search-of-student-in-front-of-peers-violated-fourth-amendment-standards/

The case is D.H. v. Clayton County School Dist. and can be found at:

http://media.ca11.uscourts.gov/opinions/pub/files/201414960.pdf

V. 1^st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Illinois enacts law that gives student journalists First Amendment protections on par with professional journalists [NSBA Legal Clips, 8/23/16]: Student journalists attending public schools in Illinois will now be able to publish the stories they feel are important in their school newspapers or other publications without the fear of being censored by school officials. 

http://legalclips.nsba.org/2016/08/23/illinois-enacts-law-that-gives-student-journalists-first-amendment-protections-on-par-with-professional-journalists/

VI. 14^th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Lawsuit Revisits the Question of Education As a Fundamental Right Under the U.S. Constitution, But Is There More To It Than That? [EdLawProfs blog, 8/25/16]: The Connecticut suit attempts a reconsideration and overturn of San Antonio v. Rodriguez.  

http://lawprofessors.typepad.com/education_law/2016/08/lawsuit-in-connecticut-seeks-to-bring-more-magnets-charters-and-choice-to-connecticut-relying-heavil.html

California Supreme Court declines to hear appeals in suit challenging state’s tenure law and in suits challenging state’s school funding scheme [NSBA, 8/24/16]:

http://legalclips.nsba.org/2016/08/24/california-supreme-court-declines-to-hear-appeals-in-suit-challenging-states-tenure-law-and-in-suits-challenging-states-school-funding-scheme/