Posts for October 18, 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.
Torlakson calls for an end to the high school exit exam [Cabinet
Report, 10/18/16]: The state’s high school exit exam, long a source of
litigation and conflict, would become a thing of the past under a policy
recommendation made late last week by Tom Torklakson, California’s superintendent
of public instruction.
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:
OT2016 #3:
'Dumb and Disrespectful' [First Mondays, 10/17/16]: Justice Ginsburg has got views on Colin Kaepernick—or
does she? We discuss Justice Ginsburg's engagement with the media, and then
talk about the new grants, Hernandez and Turkmen, along with the Court's
first official opinion of OT 2016, Bosse.
At U lecture, Justice Sotomayor decries ugly political
climate [Minn. Star-Trib / AP,
10/18/16]: The Supreme Court's Sonia Sotomayor delivered the Stein Lecture at
the U.
For a rare moment at the
Supreme Court, the genders were on equal footing [Wash Post, 10/17/16]: Debating
an obscure question about the constitutional principle of double jeopardy were
five men, all justices of the Supreme Court, and five women: the three female
justices and the two female lawyers who took turns at the lectern for their
respective clients.
The Supreme Court
Considers Whether to Pierce Jury Secrecy for Evidence of Racial Bias [Justia, 10/18/16]: Professor Colb
considers the arguments on both sides of a difficult question currently before
the Supreme Court—whether a defendant is entitled to use juror testimony to
impeach a verdict based on racial bias, notwithstanding a contrary rule of
evidence. She describes the facts leading up to the case and discusses the
jurisprudence that will most likely affect the justices’ ultimate decision.
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:
Abortion And The 2016
Election
[Geoffrey Stone essay in Huff Post, 10/13/16]: “This afternoon I
attended Personal PAC’s annual luncheon in Chicago. The main speaker was Gloria
Steinem and more than 1,400 women and men were present at the event….”
The
American Presidency [TOPIC 15]
Recess Appointments for Supreme
Court Justices [Gerard Magliocca in Concurring Opinions, 10/18/16]: “Here’s a puzzle I was thinking about. Suppose
the President makes a recess appointment to the Supreme Court….”
Republicans May Block All Supreme Court Nominees Of A
President Clinton, McCain Says [AZ
Republic / Huff Post / MSNBC / ThinkProgress, 10/17/16]: So much for letting
the people and the next president decide.
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:
A great article to read about
the polls and election history:
No candidate in recorded history has overcome Trump’s
poll deficit this late [Wash Post, 10/17/16]: The polls are coming
fast and furious right now, and they're increasingly bad for Donald Trump. In
fact, we can now say this: Were Trump to actually win, it would represent the
biggest late comeback in the history of presidential polls.
Hurricane Extends
Voter Registration in 2 States [CNS,
10/17/16]: Judges in Georgia and North Carolina ordered state election
officials to extend voter-registration deadlines in some counties due to
disruptions caused by Hurricane Matthew.
CA120: Myth of the ‘independents’ [Capitol
Weekly, 10/17/16]: Donald Trump is not just the Republican presidential nominee
in California. If you got your ballot in the mail, you might have noticed one
little oddity: Under Donald Trump’s name you’ll find not only his Republican
Party, but also the little known American Independent Party (AIP).
Clinton leads Trump by 26 percentage points in California
in latest poll [LA Daily News, 10/17/16]: Hillary Clinton continues to
hold a dominating 26 percentage point lead over Donald Trump in California,
although both candidates are down slightly from 17 days ago, according to a new
poll by the Southern California News Group and KABC/Eyewitness News.
How a Hillary Clinton Presidency Would Affect the
Supreme Court [The Atlantic,
10/17/16]: Conservatives would suffer losses, but the notion that she would
permanently vanquish originalism doesn't withstand scrutiny.
Prominent Conservative
Legal Minds Reject SCOTUS Argument for Trump [Weekly Standard / Huff Post, 10/17/16]: We increasingly hear a similar sales
pitch from Donald Trump's staunchest supporters to the conservatives who doubt
him: no matter how terrible you think Trump might be, the Supreme Court is at
stake in this election.
You can read the open letter,
from “Originalists Against Trump,” at:
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
Could Donald Trump
Have Gone to Jail for Groping a Woman? [The Marshall Project, 10/17/16]: How various states punish the act.
Reactions are mixed to police leader's apology [AP,
10/18/16]: For some, the apology went too far. For others, it didn't go far
enough. For many, it was just right.
Law-Enforcement Legends
Team Up in Death-Penalty Fight [WSJ’s “Law Blog,” 10/17/16]: Edwin Meese
III and Robert Morgenthau, two law-enforcement legends from different political
camps, have joined forces for an unlikely cause: freeing a convicted murderer
from Alabama’s death row.
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]
'Guantanamo Diary'
Author Free After 14 Years ]CNS, 10/18/16]: The detainee whose "Guantanamo
Diary" presented a harrowing account of his treatment in more than a
decade at the prison was sent home to his native Mauritania on Monday.
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