Thursday, September 22, 2016

Posts for September 22, 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:

Notorious RBG [Slate / Indiana Lawyer, 9/21/16]: How the diminutive Supreme Court justice came to be depicted on the biceps of fans nationwide.

Restoring the Lost Confirmation [National Affairs, Issue #29, 9/21/16]; Over the past three decades, presidents and senators from both parties have ratcheted up the tension over Supreme Court nominees. And the lynchpin of that conflict is what has become an utterly meaningless ritual: the confirmation hearing. But not for the reasons you may think.

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:

Court steps into new health care dispute [Law News, 9/21/16]:The Supreme Court, acting with no sign of dissent, moved in on Wednesday to interrupt at least temporarily a series of lower court rulings that would bar employee benefit companies from claiming that they operate “church plans” and thus are exempt from federal regulatory laws—including the on providing birth control access. The case is Dignity Health v. Rollins.

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:

Clinton, Harris Lead; Field Poll Goes Online (Yow!) -- Hillary Clinton leads Donald Trump by 17 percentage points in the race for California’s 55 electoral votes, down from 24 points in July, while Kamala Harris has expanded her lead over Loretta Sanchez in the U.S. Senate race to 22 percentage points, up from 15 points in the same time span, according to new survey data from the Field Poll and the Institute of Governmental Studies at UC Berkeley. This article provides some interesting fodder for students interested in the science of polling.

Trump and the Truth: The 'Mexican' Judge [The New Yorker, 9/20/16]: e deliberate confusion of ethnicity for nationality is one of the most casually cruel rhetorical devices available in this country. 

U.S. appeals court to hear arguments on Virginia's voter ID law [Reuters, 9/22/16]: A U.S. appeals court on Thursday will hear Virginia Democrats' challenge to a 2013 Republican-backed state law requiring prospective voters to show approved photo identification before casting their ballots.

California Polls: Voters favor legalizing pot, outlawing capital punishment [EB Times / SF Chron, 9/21/16]: Ballot initiatives that would make smoking marijuana for recreation legal for all adults and outlaw the death penalty have jumped out to big leads, according to two new polls released Wednesday night.

Trump's campaign paid his businesses $8.2 million [Politico, 9/22/16]: Donald Trump’s presidential campaign has paid his family's businesses more than $8.2 million, according to a POLITICO analysis of campaign finance filings, which reveals an integrated business and political operation without precedent in national politics.

Trump Jumps to 5 Point Lead in Latest Rasmussen [CNS, 9/22/16]: With the first presidential debate coming on Monday, Donald Trump has moved to a five-point lead over Hillary Clinton in the last Rasmussen poll, his biggest advantage since mid-July. However, several state polls on Thursday remained highly favorable to the Democrat.

Do Debates Matter? [Sabato’s Crystal Ball. 9/22/16]: To slightly modify Ronald Reagan’s famous rejoinder to Jimmy Carter in their single debate in 1980 (“There you go again”), here we go again -- into the debate season.

Legislation and the Legislative Process (TOPIC 20)

Next president could face a 50-50 Senate [Politico, 9/21/16]: Any one senator — from Elizabeth Warren on the left to Ted Cruz on the right — might be empowered to block cabinet nominations. 

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

How Mexico Saves Its Citizens from the Death Penalty in the U.S. [The Marshall Project, 9/21/16]: A fund is designated to train, pay and advise American defense lawyers.

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:

When a County Board's Prayer Goes Too Far [Bloomberg, 9/21/16]: Plenty of local governments open their meetings with a quick, generic prayer from a member of the clergy. But is it different when the lawmakers themselves say “Let us pray” and then supplicate God to open everyone’s heart to the message of Jesus Christ? Does that violate the Constitution?
Read the divided decision in Lund v. Rowan County, North Carolina at:

California Supreme Court to hear Yelp free-speech case [SF Chron / AP, 9/21/16]: The California Supreme Court unanimously agreed on Wednesday to hear a lower-court case that some Internet companies say has the potential to chill free speech online.

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]

UN official unveils principles regarding rights of migrants and refugees [Jurist, 9/21/16]: A senior UN official on Tuesday unveiled a draft set of principles aimed at continuing momentum toward the protection of human rights of refugees and migrants. The momentum began with UN member states' adoption of the New York Declaration earlier this week.


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