Tuesday, August 9, 2016

Posts for August 9, 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:

Justice Kennedy's evolution on race [CNN, 8/6/16]: Kennedy's evolution has occurred against a backdrop of heightened national conflicts over race -- on urban streets, on university campuses and in the presidential campaign -- and as Kennedy approached age 80 and just finished his 29th term on the court.

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]

Did Obama win the judicial wars? [Politico, 8/8/16]: Liberals say he shied away from too many battles and ran into GOP roadblocks; But the result is still a transformation of U.S. courts.


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:

On Voting, Courts Stepping Up to Responsibilities [Jost on Justice blog, 8/7/16]: Eight decades ago, the Supreme Court declared in its now famous Footnote Four in United States v. Carolene Products Co. (1938) that three types of laws warrant special scrutiny when challenged in court. Courts should look more carefully than usual, the footnote instructs, at laws that run afoul of specific constitutional prohibitions, laws that distort the political process, or laws that disadvantage “discrete and insular” minorities.

Republicans Are Not Attacking Democracy [The Atlantic, 8/8/16]: Not every battle over voting is an assault on democratic values. It’s a mistake to read all Republican efforts to enact their vision into law as assaults on democracy. Some may be, like the ridiculous efforts to make it harder to register and to vote. But legitimate disagreement on policy and ideology does not a conspiracy make.

AP Fact Check: Trump shapes facts to fit economic agenda [AP, 8/8/16]: Donald Trump changed some of his facts to fit his agenda Monday, pitching shades of truth and misconceptions in what was billed as a major economic policy speech.

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

College Students Go to Court Over Sexual Assault [New Yorker, 8/5/16]: The government set out some requirements for schools, the most specific being that they must use “preponderance of the evidence,” instead of a higher standard of proof, to determine an accused student’s responsibility for sexual misconduct. 

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:

Tinkers Talk of Their Historic Case, Importance of Student Free Speech [Newseum, 8/5/16]: In a presentation in Boston before a group of teachers from Massachusetts, New Hampshire, and Rhode Island, the Tinkers explained their story, including how they came to be inspired to support the peace movement. 

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:

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

Where does the government immigration case stand now? [Constitution Daily, 8/8/16]: Constitution Daily Supreme Court correspondent Lyle Denniston looks at two recent developments in the legal debate over President Obama’s stalled immigration policies.

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