Posts for October 12, 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 (5^th ed.) student textbook.

I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

What if nature, like corporations, had the rights and protections of a person? [The Conversation, 10/10/16]: In recent years, the U.S. Supreme Court has solidified the concept of corporate personhood. Following rulings in such cases as Hobby Lobby and Citizens United, U.S. law has established that companies are, like people, entitled to certain rights and protections. But that’s not the only instance of extending legal rights to nonhuman entities.

https://theconversation.com/what-if-nature-like-corporations-had-the-rights-and-protections-of-a-person-64947

Supreme Court divided in juror race-bias dispute [Reuters, 10/11/16]: The Supreme Court on Tuesday wrestled with a fresh dispute involving race and the U.S. criminal justice system in a case over whether a Hispanic man's sexual harassment convictions should be thrown out because of a juror's racially charged statements during deliberations.

http://www.reuters.com/article/us-usa-court-race-idUSKCN12B26S

Social Conservatives' Legal Juggernaut [Bloomberg, 10/11/16]: Alan Sears has been on the front lines for some of the most polarizing legal issues of our time, including same-sex marriage and bathroom access for transgender individuals.

http://www.bna.com/social-conservatives-legal-n57982078295/

II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5^th edition of Constitutional Law] Here are recent articles that are relevant to this unit:

The American Presidency [TOPIC 15]

U.S. court rules CFPB structure unconstitutional; bureau can still operate [Reuters / Huff Post, 10/11/16]: A federal appeals court on Tuesday declared the U.S. Consumer Financial Protection Bureau's structure unconstitutional because too much power is vested with its sole director, but said it can continue operating under the president's supervision.

http://www.reuters.com/article/us-usa-court-cfpb-idUSKCN12B1TN

http://www.huffingtonpost.com/entry/cfpb-unconstitutional_us_57a3bc70e4b021fd98781ff7

Obama Considers ‘Proportional’ Response to Russian Hacking in U.S. Election [NY Times, 10/11/16]: Whatever the president opts to do would probably not be announced in advance and may never be acknowledged or disclosed if it is carried out, Mr. Earnest said. 

http://www.nytimes.com/2016/10/12/us/politics/obama-russia-hack-election.html?_r=0

III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Unshackled Trump declares war on GOP [Politico, 10/11/16]: Backed by some of his fiercest allies and with little left to lose politically, Donald Trump on Tuesday stepped up his attacks on House Speaker Paul Ryan and the GOP establishment that has suddenly and decisively turned its back on him. 

http://www.politico.com/story/2016/10/trump-declares-war-on-gop-229593

‘I’m the Last Thing Standing Between You and the Apocalypse’ [NY Times Mag, 10/11/16]: Inside the final weeks of Hillary Clinton’s cautious — and surprisingly risky — campaign. 

http://www.nytimes.com/2016/10/16/magazine/hillary-clinton-campaign-final-weeks.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=b-lede-package-region&region=top-news&WT.nav=top-news

IV. Criminal Law and Procedure (4^th, 5^th, 6^th, and 8^th amendments) [See TOPICS 21-28 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit

DOJ to charge Arizona sheriff Arpaio with contempt [Jurist, 10/12/16]: The US Department of Justice (DOJ) announced on Tuesday that it will file charges for misdemeanor contempt-of-court against Arizona Sheriff Joseph Arpaio. Arpaio is being charged for violating a court order that required him to end his immigration patrols. 

http://www.jurist.org/paperchase/2016/10/doj-charges-arizona-sheriff-arpaio-with-contempt.php

Allocating Burdens of Proof in a Criminal Case: An Arizona Decision Raises Questions [Justia, 10/12/16]: Professor Colb comments on a recent decision by the Arizona Supreme Court holding that a state statute properly created an affirmative defense to sexual abuse or child molestation when it placed the burden of proving no sexual motive on the defendant. Colb describes the court’s reasoning and explains why the U.S. Supreme Court should revisit its jurisprudence affirmative defenses to crimes and hold that some conduct may simply not be classified as an affirmative defense to be proved by the defendant in a criminal case.

https://verdict.justia.com/2016/10/12/allocating-burdens-proof-criminal-case-arizona-decision-raises-questions

High Court to Dive Into Case of Post-9/11 Arrests [CNS, 10/11/16[: The Supreme Court on Tuesday agreed to wade into a 14-year-old class action brought by undocumented Muslims and Arabs who were rounded up on the thinnest of pretexts and abused in jail in the months following the 9/11 terror attacks.

http://www.courthousenews.com/2016/10/11/high-court-to-dive-into-case-of-post-9-11-arrests.htm

V. 1^st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Dad Barred From Talking Religion With Kids [CNS, 10/12/16]: A Florida father must be restricted from expressing his religious beliefs to his children because his views are emotionally damaging to them, a Florida appeals court ruled

http://www.courthousenews.com/2016/10/12/dad-barred-from-talking-religion-with-kids.htm

VI. 14^th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit: