Tuesday, October 18, 2016

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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