Posts for September 1, 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:
We Need Abortion Laws Based on Science [NY Times, 8/31/16]: State legislatures bent on eliminating abortion access
have targeted medication abortion, passing several new laws with the stated
intention of safeguarding women’s health and safety. Such laws are not just
covers for restricting abortion access — they can actually harm women’s health.
US court upholds ban on gun sales to
marijuana card holders [AP, 8/31/16]: A federal government ban on the sale of guns to medical marijuana card
holders does not violate the Second Amendment,
the 9th Circuit federal appeals court said Wednesday.
The
American Presidency [TOPIC 15]
The President, the Prosecutor, and the
Wheel of Fortune [Linda Greenhouse in the NY Times, 9/1/16]: So Bill Clinton appears well on his way back to the
White House (albeit in a different capacity) while Kenneth W. Starr, the
independent counsel who pursued him and his sexual indiscretions all the way to
his impeachment, is out of a job.
http://www.nytimes.com/2016/09/01/opinion/the-president-the-prosecutor-and-the-wheel-of-fortune.html
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:
Senate 2016: Flip Flop [Sabato’s Crystal Ball, 9/1/16]: As we head into Labor
Day, Democrats are slight favorites to win a slim Senate majority
The Presidential and Congressional Elections, Part 4 [Sabato’s Crystal Ball, 9/1/16]: This is the latest
in a series of Political science forecasts for the 2016 races.
U.S. Supreme Court rejects bid to reinstate North Carolina
voting limits [Reuters, 8/31/16]: The
U.S. Supreme Court on Wednesday rejected a bid by North Carolina to reinstate
for November’s elections several voting restrictions, including a requirement
that people show identification at the polls.
#SCOTUS 4-4 Tie in NC
Voting Case Leaves Lower Court Ruling in Place and Shows Us Power of Appeals
Courts Post-Scalia [Election Law blog, 8/31/16]: Here are the big takeaways
from this result from expert Rick Hasen.
AP Fact Check: Trump on immigration [AP, 8/31/16]:
Wednesday was supposed to be the day Donald Trump clarified his immigration
stance. But in a key speech on that subject, he misstated facts about
immigration policy, life for those in the country illegally and their impact on
the U.S. economy.
Fox national poll: Clinton and Trump in virtual tie in
4-way race [Politico, 8/31/16]: After weeks of slipping in the polls,
Donald Trump is narrowing the advantage Hillary Clinton built in the wake of
last month’s nominating conventions, a new Fox News poll of registered voters
shows.
Legislation and the Legislative
Process (TOPIC 20)
Grassley hints at Supreme
Court confirmation hearing in lame duck session [Politico, 8/31/16]: Senate Republicans could relent on their hard-line
stance in opposition to granting Supreme Court nominee Merrick Garland a
confirmation hearing this year, Senate Judiciary Chairman Chuck Grassley said
Monday.
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
Supreme Court divided over
warrants discovered in illegal stops [ABA Journ., Sept. 2016]: The arrest of Edward J. Strieff Jr. outside a Utah
convenience store led to two diametrically opposed responses on the U.S.
Supreme Court this past spring.
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:
The Re-making of
America’s Cities by Religious Organizations and the Department of Justice [Justia, 9/1/16]: Professor Hamilton denounces the involvement of the
federal government in local land use issues through the Religious Land Use and
Institutionalized Persons Act (RLUIPA). Hamilton argues that RLUIPA incorrectly
treats neutral, generally applicable land use decisions identically with
discriminatory land use decisions.
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:
Gavin Grimm
just wanted to use the bathroom; He didn't think the nation would debate it [Wash Post,
8/30/16]: There was nothing remarkable about Gavin Grimm’s first trip to
the boys’ bathroom at Gloucester High School. It was a little more than a month
into his sophomore year, when the transgender teenager had begun quietly
reintroducing himself to the student body as a boy.
Seventh Circuit Criticizes but Affirms Title VII Precedent
Excluding Sexual Orientation [Justia, 9/1/16]: Sarah Andropoulos comments on a recent decision by a panel of the U.S.
Court of Appeals for the Seventh Circuit criticizing but affirming courts’
exclusion of sexual orientation discrimination from protection under Title VII.
As Andropoulos explains, the panel’s reasoning is somewhat convoluted, and its
conclusion does not seem to follow from its logic.
Dissenting judge awaits second chance to
corral a majority on school funding lawsuit [EdSource,
8/331/16]: California Supreme Court Justice Goodwin Liu made it clear in his
long dissenting opinion last week that he hasn’t given up hope that there’ll be
another lawsuit asserting students’ right to adequate school funding, and that
next time, one more justice will switch sides and agree to hear the case.
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