Posts for September 8, 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 Elena Kagan on
Supreme Court and Constitutional Law [C-SPAN, 9/8/16]: U.S. Supreme Court Justice Elena Kagan spoke about the inner workings of
the court and her relationship with the late Justice Antonin Scalia, whom she
frequently traveled with on hunting trips. She talked about the impact of his
death on the court and his legacy.
Justice Ginsburg hopes 'cooler heads'
prevail on high court vacancy [Reuters, 9/7/16]: U.S. Supreme
Court Justice Ruth Bader Ginsburg said on Wednesday she hoped "cooler
heads will prevail" over the vacancy on the Supreme Court, suggesting that
Republicans should act on President Barack Obama's nominee.
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:
Can some people who have
finished their felony sentences recover their Second Amendment rights? [Volokh Conspiracy,
9/7/16]: In D.C. v.
Heller, the Supreme Court held that the Second Amendment secures an
individual right to keep and bear arms. But it described the right as belonging
to “law-abiding” citizens and mentioned that some restrictions were
“presumptively lawful,” including bans on gun possession by “felons.”
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:
Governors 2016: Are We in for a Repeat of 2015’s Odd
Results? [Sabato’s Crystal Ball,
9/8/16]: They aren’t getting much national attention because of the races for
the presidency and Congress, but this year’s gubernatorial contests seem to be
just as confounding as the ones from 2014 -- and they could produce some
equally head-scratching results.
House 2016: Democrats Waiting on a Clinton Wave? [Sabatos Crystal Ball, 9/8/16]: But are they actually
Waiting for Godot?
What Clinton Won't Say:
Whether Garland Is Her High Court Pick [Bloomberg, 9/7/16]: Hillary Clinton has started talking to reporters
again, but there’s still a big question she hasn’t answered: Would she
re-nominate Merrick Garland to the open seat on the Supreme Court?
Clinton, Trump strive to be trusted with hand on button [McClatchy
/ Bloomberg, 9/7/16]: A terse, defensive Hillary Clinton tried to show she can
be trusted as commander-in-chief, vowing she did nothing to compromise national
security on her personal email server. A tough-talking Donald Trump aimed to
demonstrate he’s got the temperament and judgment to lead the nation, but
offered few details about what he might do differently.
Legislation and the Legislative
Process (TOPIC 20)
Instead of
Solutions, Congress Just Embraces the “CR” [CQ-Roll Call, 9/8/16]: The twinned
letters on the Capitol’s collective lips this month are C and R. Together they
stand for "continuing resolution," the colloquial name for
legislation that keeps money flowing to federal programs whose regular spending
bills are unfinished.
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
Should ex-Philly cop suspected of sharing
child porn be forced to divulge computer passwords? [Phiily Inquirer, 9/8/16]: If police think someone has child pornography on his
computer, should investigators be able to force him to provide his passwords --
or would that violate his constitutional right against self-incrimination?
Texas appeals judge
questions fairness of life without parole [Austin American-Statesman, 9/6/16]: udge Larry Meyers, the longest-serving member of the
state’s highest criminal court, has grown uncomfortable with the way Texas
allows for life in prison without parole, calling it a slow-motion death
sentence without the same legal protections given to defendants who face the
death penalty.
Did Orange
County's Justice System Imprison an Innocent Man for Murder? [OC Weekly, 9/7/16]:
After eating dinner and watching
television at his girlfriend's Santa Ana apartment on Spurgeon Street,
17-year-old Charles Honea went to sleep outside on the second-floor balcony,
his makeshift bedroom. It was an August night in 1992, and gunfire half a block
away at a 7-Eleven parking lot eventually woke him.
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:
Universities are
taking divergent approaches to handling campus speech, safe spaces, and trigger
warnings [SPLC, 9/7/16]: On one campus, the administration has said in no uncertain
terms that students expecting “trigger warnings” shouldn’t hold their breath. On another, a center for inclusivity is
pushing a set of language recommendations called “Just Words,” advising students that
using adjectives like “lame” or “crazy” could be microaggressions toward
community members with physical disabilities or mental illnesses.
http://www.splc.org/article/2016/09/universities-are-taking-divergent-approaches-to-handling-campus-speech-safe-spaces-and-trigger-warnings
Arizona district’s
superintendent apologizes to high school student who was prohibited from
wearing ‘Black Lives Matter’ T-shirt at school [NSBA Legal Clips. 9/7/16]: Buckeye
Union School District Superintendent Eric Godfrey has sent a letter
to Buckeye Union High School (BUHS) student Mariah Havard and her
mother apologizing for banning Havard from wearing a “Black Lives Matter”
T-shirt at school. The letter was sent after a group of BUHS students walked
out of school in protest over the ban.
South Carolina high
school principal makes a decision prohibiting spectators from carrying American
flags into football game [NSBA Legal Clips. 9/7/16]: ravelers
Rest High School Principal Lou Lavely prohibited students
from carrying American flags into a football game, against Brea High
School, reports Education News. Lavely took the
action on the grounds that in the past the flags had been used to
taunt students from Berea High School (BHS), which has a large Hispanic
community. He added that the use of the flag as a method of taunting
or degrading a school community is disrespectful to the flag itself.
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:
Teachers Fight D.C.'s
Random Drug Tests [CNS, 9/8/16]: An
association of 75 private schools sued the District of Columbia for threatening
to pull their licenses if they do not subject teachers to "random and
suspicionless" drug and alcohol tests.
Judge: Harvard need
not disclose discrimination against Jews [Politico, 9/7/16]: Harvard
University will not be required to turn over records about its history of
discriminating against Jewish applicants as part of a lawsuit alleging that the
prestigious school currently holds Asian-Americans to a higher standard than
others in the undergraduate admissions process, a federal judge has ruled.
http://www.politico.com/blogs/under-the-radar/2016/09/harvard-discrimination-jews-227842
http://www.politico.com/blogs/under-the-radar/2016/09/harvard-discrimination-jews-227842
South Carolina
district settles Title IX suit over alleged disparities between boys’ baseball
program and girls’ softball program [NSBA Legal Clips, 9/7/16]: Lexington
County School District One (LCSD1) has settled a Title IX suit, which alleged
that the boys’ baseball program at Lexington High School (LHS) was provided
with better opportunities and facilities than the girls’ softball program.
Although LCSD1 has made no admission of guilt, it has agreed to make
additions to a pre-existing plan to fix the softball facility at LHS.
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