Monday, September 26, 2016

Posts for September 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:

In Unusual Term, Big Year for Amicus Curiae at the Supreme Court [Law.com, 9/26/16]: Despite the unusual term, friends of the court continued to play a key role at One First Street. In our sixth year analyzing the Supreme Court’s amicus curiae docket for The National Law Journal, we found that amici filed more than 860 briefs, participated in more than 90 percent of merits cases, and, more often than not, seemed to capture the justices’ attention.

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:

Coal industry mounts unusual court-focused ad campaign [Politico, 8/26/16]: Radio ads urge a favorable decision from judges hearing high-stakes case Tuesday over Obama administration's greenhouse gas policy,

What the Last Eight Years of Federal Government Intervention in the National Economy Has Wrought [Justia, 9/26/16]: Professor Rotunda evaluates the claims of President Obama and presidential candidate Hillary Clinton about the country’s economic gains over the past eight years and finds that those claims lack support. Rotunda argues that the numbers indicate that the policy of federal government intervention has not worked as well as Clinton and Obama claim.

The American Presidency [TOPIC 15]

Clinton’s, Trump’s opposition to trade pact dims growth prospects [SF Chron, 9/25/16]: Contrary to what you may believe after the debate Monday night between Hillary Clinton and Donald Trump, a president actually wields little direct control over today’s economy.

The battle to save the Earth from Scalia's ghost [ThinkProgress, 9/26/16]: The Obama administration's most ambitious effort to fight climate change hangs in the balance.

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:

Podcast: This Golden State: If you were the moderator, what would you ask? [This Golden State, 9/25/16]: Up to 100-million Americans will tune into the first presidential debate tonight. Scrutiny on the candidates and scrutiny of debate moderator Lester Holt as well. In fact, Donald Trump is already complaining about moderator bias.

Politico fact-checked both candidates for a week. This is what they found [Politico, 9/25/16]:

Presidential debate: Despite lead, Clinton faces higher bar [OC Register, 9/26/16]: Despite a small lead in polls, Hillary Clinton faces a more daunting challenge than Donald Trump in tonight’s debate, politics experts say. To woo all-important undecided voters, she’ll need to overcome negative perceptions by presenting herself as a personable candidate with a vision for where she’ll take the country. 

Scope of Trump's falsehoods unprecedented for a modern presidential candidate [LA Times, 9/25/16]: Donald Trump says that taxes in the United States are higher than almost anywhere else on earth. They’re not. He says he opposed the Iraq war from the start. He didn’t. Now, after years of spreading the lie that President Obama was born in Africa, Trump says that Hillary Clinton did it first (untrue) and that he’s the one who put the controversy to rest (also untrue). Never in modern presidential politics has a major candidate made false statements as routinely as Trump has. Over and over, independent researchers have examined what the Republican nominee says and concluded it was not the truth — but “pants on fire” (PolitiFact) or “four Pinocchios” (Washington Post Fact Checker).

Trump, Clinton Deadlocked in National Polls Before Debate [CNS, 9/26/16]: Hillary Clinton and Donald Trump are effectively tied in the race for the presidency just hours before one of the most highly anticipated head-to-head debates between contenders for the White House.

5 California Debate Questions for Trump and Clinton [KQED, 9/26/16]: So here are five questions with roots in California or implications for us that could be asked. 

Donald Trump's/Hillary Clinton’s plans for America's schools [NPR, 9/25/16]: "I'm a tremendous believer in education." So begins a campaign ad for Republican presidential nominee Donald J. Trump. But what does that mean?

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

Pharmacy Argues There's A First Amendment Right To Secretly Sell Execution Drugs [BuzzFeed, 9/25/16]: Selling execution drugs “is an expression of political views, no different than signing a referendum petition or selling a t-shirt,” an anonymous pharmacy argues in a new court filing.

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:

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

Switzerland voters approve new surveillance law [Jurist, 9/26/16]: While Switzerland is a country where the right to privacy is considered very important, the new law will allow security agents to tap phones and computer networks. 

Syria situation a breach of humanitarian law: EU officials [Jurist, 9/25/16]: Attacks in Aleppo, Syria's capital, were called a "breach of international humanitarian law" in a joint statement by EU officials on Saturday. The EU is urging countries with influence on the parties to encourage negotiations to cease the attacks and allow humanitarian aid to victims in need. 

Attempt to Rein in Housing Prices Called an Attack on Foreigners [CNS, 9/26/16]: With housing prices in Vancouver, British Columbia, rising into the stratosphere, the provincial government this summer imposed a 15 percent tax on property transfers involving foreign nationals. Now a Chinese homebuyer claims in a class action that the tax is unconstitutional and violates international treaties, including NAFTA. 


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