Friday, August 26, 2016

Posts for August 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:

Brock Turner: Judge in Stanford sex trial to no longer hear criminal cases [East Bay Times, 8/26/16]: The Santa Clara County judge who faces a recall threat for giving a light sentence to a Stanford student convicted of sexual assault will no longer handle criminal cases -- at his own request.

Why it Matters: Supreme Court [AP, 8/25/16]: Four cases ended in a tie after Scalia's death. With Senate Republicans refusing to confirm President Barack Obama's choice to succeed Scalia, the outcome of the presidential election will determine whether the ninth, tie-breaking justice moves the court right or left. How much can one vote matter?

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:

Voter fraud is not a persistent problem [News21, 8/20/16]: Politicians and voting rights advocates continue to clash over whether photo ID and other voting requirements are needed to prevent voter fraud, but a News21 analysis and recent court rulings show little evidence that such fraud is widespread.
Check out News21’s “Voting War’s website: Since the last presidential election, politicians in 20 states have passed dozens of new voting laws, which means millions of Americans will face unprecedented requirements to vote.

Trump's allies squirm on immigration shift [Politico, 8/25/16]: Donald Trump's softer talk on immigration is causing heartburn among his some of his hard-line supporters, leaving them to either defend or distance themselves from his pledge to offer relief for certain undocumented immigrants. 

Clinton to accuse Trump of 'taking hate groups mainstream' [Politico, 8/25/16]:  Hillary Clinton plans to accuse Donald Trump of allowing a “radical fringe” that peddles in racism and dark conspiracy theories of hijacking the Republican Party, warning that America cannot let him prevail come November. 

Trump Throws Off the Last Pretense That His Campaign Is Not About Bigotry [Justia, 8/26/16]: Professor Buchanan comments on Donald Trump’s inclusion of Brexit provocateur Nigel Farage as a speaker at a rally in Mississippi.

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

“Border exception" to Fourth Amendment's reasonable suspicion requirement for warrantless search stretched to the breaking point, Sixth Circuit judge asserts [6th Circuit, 8/25/16]: The decision in D.E. v. Doe is very interesting and can be found here:

Court: Michigan sex offender rules cannot be retroactive [AP, 8/25/16]: Significant changes to Michigan's sex offender registry law cannot be applied retroactively to potentially thousands of sex offenders because the revisions unconstitutionally stiffen the punishment of offenders after their convictions, a federal appeals court ruled Thursday.

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:

Federal district court in New York state rules that disabled student has valid ADA claim based on district requiring an adult handler for her service dog [NSBA Legal Clips, 8/25/16]: A federal district court in New York state has ruled that neither the Americans with Disabilities Act (ADA), Title II, nor the ADA’s implementing regulations, requires school districts to provide disabled students with handlers, or any other service, for their service animals. However, the court concluded that the federal government had stated a valid claim on behalf of a disabled student for violation of Title II of the ADA based on the fact that the school district required the student’s parent to provide an adult handler for the student’s service dog at school. It found that there was genuine issue of material fact as to whether the student was acting as the dog’s handler within the meaning of Title II and the ADA’s implementing regulation.
The case is U.S. v. Gates-Chilli Cent. Sch. Dist. and can be found at:

NLRB: student assistants are statutory employees [Jurist, 8/26/16]: The National Labor Relations Board (NLRB) determined 3-1 Tuesday that student assistants working at private colleges are statutory employees covered by the National Labor Relations Act. The case was filed by graduate students at Columbia University representing graduate and undergraduate student assistants.

International Law, Citizenship and Immigration [TOPIC 40-42]

Top French Court Rules Against Burkini Bans [CNS, 8/26/16]:  France's top administrative court overturned a ban on burkinis in a Mediterranean town, in a decision Friday that should set legal precedent regarding a swimsuit crackdown that has divided the country and provoked shock around the world.

UN High Commissioner calls for creation of independent international body [Jurist, 8/26/16]: The UN High Commissioner for human rights, Zeid Ra'ad Al Hussein, on Thursday called on the international community to establish an independent international body for conducting comprehensive investigations of human rights violations in Yemen. 

Lawsuit opens new front in Obama immigration legal fight [Reuters, 8/25/16]: Immigration advocates on Thursday mounted a long-shot effort to revive part of U.S. President Barack Obama's plan to shield millions of immigrants from deportation by filing a lawsuit challenging the national scope of a court order that blocked it.





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