Posts for October 27, 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.
Education,
the 2016 Election, and the Future [Justia,
10/27/16]: Professor Hamilton discusses the
connection between an educated society and a successful, effective
representative democracy. Hamilton argues that a significant reason that
uneducated voters are more likely to vote for Donald Trump than educated voters
are highlights this country’s failure to ensure that every student is
adequately educated, particularly with respect to government.
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:
Supreme Court braces for
another term with only 8 justices [ABA Journ., 10/27/16]: Unless
the justices grant review at a much faster pace between now and mid-January,
the court is unlikely to match last year’s total of 63 cases decided after
briefing and oral argument, and that was the fewest in decades.
On the Web, Cults of
Personality for Ginsburg, Thomas [Jost on Justice, 10/23/16]: Welcome to the brave new world of Supreme Court
fandom! Two of the current justices, one from each of the ideological blocs,
now have web sites created by ardent fans to celebrate their lives, times, and
jurisprudence.
Justice Thomas Is A Good
Man [Nat.
Rev., 10/27/16]: “I clerked for Justice Thomas in 2007-2008, and he
remains one of the most important role models and mentors in my life.”
The Distinctive Role of Justice Samuel Alito: From a
Politics of Restoration to a Politics of Dissent [Yale Law Journ., 10/18/16]: Particularly in
light of Justice Scalia’s passing, Justice Alito has become the primary
judicial voice of the many millions of Americans who appear to be losing the
culture wars, including in battles over gay rights, women’s access to
reproductive healthcare, affirmative action, and religious exemptions.
Why Merrick Garland should
keep hoping
[CNN, 10/23/16]: Hillary Clinton
refused to say his name during the presidential debates. But there is a strong
chance she will seize it if she wins election.
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:
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:
California
poll: Trump’s numbers dropping into ‘uncharted territory’ [SJ Merc / CPR /
CalBuzz, 10/26/16]: Donald Trump is careening toward a historically poor
showing in California, a prospect that has left several GOP congressmen fearful
for their seats and Democrats hopeful they can regain a supermajority in the
Legislature.
'Shining city' no more — former Reagan speechwriter
laments 2016 discourse [Politico, 10/26/16]: Veteran California Republican
Ken Khachigian, who served as chief speechwriter to Ronald Reagan and worked
hand in hand with “the Great Communicator” at the fine art of political
messaging, laments that Hillary Clinton and Donald Trump may be making
communication a lost art.
Democrats ask judge to sanction Republicans over Trump [Reuters,
10/26/16]: The Democratic National Committee on Wednesday asked a U.S. judge to
hold the Republican National Committee in contempt of court over allegations
that Donald Trump encouraged his supporters to intimidate minority voters.
In ballot selfie battle,
free speech beats fear of voter fraud [Reuters, 10/26/16]: Voting is democracy’s most fundamental right and responsibility and
recent federal court rulings say you have a constitutional right to post
photographs of yourself doing it.
The State Of Play with A Dozen Days to Go [Sabato’s Crystal Ball, 10/27/16]: Ratings changes in races for president,
Congress, and governors.
An Historical Rarity: A Four-Party Presidential
Election [Sabato’s Crystal Ball,
10/27/16]: This is an election where third and fourth parties can shape the
outcome. And in an historical sense, that is highly unusual.
Appeals courts are
dismantling stricter voter ID laws [ABA Journ., 10/26/16]: The rulings came quickly this past summer in a steady
drumbeat that pleased progressives and disappointed conservatives.
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
Who’s a Kid? [The
Marshall Project, 10/27/16]: Science — and law enforcement — are rethinking
young adults.
Los Angeles sued over gang injunctions affecting
thousands [KPCC, 10/26/16]: The federal lawsuit, filed Tuesday by the
American Civil Liberties Union of Southern California, says the 46 injunctions
that bar gang members from such things as meeting in certain areas or wearing
certain clothing in public are unconstitutional.
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:
We
Have Assembled, Petitioned, Spoken, and even Prayed: So Now We Vote! [Newseum,
10/27/16]: Voting is the ultimate result of the constitutional protections of
our core freedoms expressed in the First Amendment: the governed selecting
those who, until the next election, are charged with governing on our behalf.
Lee v. Tam: Offensive Trademarks at the Supreme Court: Speech
Rights and Government Prerogative
[“In a Crowded Theatre” blog: “Cutting through the rhetoric – in honor of our
First, and best, Amendment,” 10/27/16]: At issue was the United States Patent
and Trademark Office’s denial of trademark registration to a band called The
Slants, a name that was intended to reclaim and de-stigmatize an Asian
stereotype.
Are copyright claims stifling free speech on the Internet? [Constitution Daily, 10/27/16]: Lyle Denniston, Constitution Daily’s Supreme Court correspondent, looks at a legal challenge at the Supreme Court about a 1990s law that determines how copyright-protected music is used on YouTube and other Internet websites.
The Senate Should Refuse To Confirm All Of Hillary
Clinton's Judicial Nominees [The
Federalist, 10/26/16]: As a matter of constitutional law, the Senate is fully
within its powers to let the Supreme Court literally die out.
Forced Out (Constitutionally) for Facebook Comments [“Inside Higher Ed” / US News / “On Brief” blog, 10/27/16]:
Federal appeals court rules that Central Lakes College acted legally when it
kicked a student out of a nursing program for comments deemed unprofessional
and threatening.
You can read the partially divided decision in Keefe
v. Adams by going to:
North Carolina $6 million libel award against newspaper
prompts reflection [FAC, 10/27/16]: The Raleigh News & Observer lost a multi-million
dollar libel lawsuit brought by a forensic firearms expert for the State Bureau
of Investigation. A 2010 article reported that firearms experts alleged the
Beth Desmond faked evidence in a murder conviction in 2006. The newspaper plans
to appeal.
Federal Judge: School
Officials Justified in Suspending Student for Cyberbullying [Newseum,
10/26/16]: What happens when cyberbullying laws and policies collide
with a student’s First Amendment free-speech claims? A recent federal district
court decision out of New Jersey recently struck the balance in support of
cyberbullying laws.
The decision in Dunkley v. Bd. of Educ. of the Greater Egg
Harbor Regional High School District can be found at:
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:
California Voters Poised
to Bring Back Bilingual Education Programs [CNS, 10/26/16]: Despite a political climate rife with xenophobia and
calls for assimilation, bilingual education advocates in California enjoy
bipartisan support for an initiative that would repeal most of the once-popular
law approved by voters decades ago that made English-only instruction standard
across the state -- even for English learners.
U.S. Supreme Court taking up the issue of service dogs in
school [NSBA Legal Clips, 10/27/16]: The
U.S. Supreme Court is taking up the issue of whether school officials
discriminated against a student, in violation of the Americans with
Disabilities Act of 1990 and the Rehabilitation Act of 1973, when they refused
to allow her to be accompanied at school by her service dog. The
case is Fry v. Napoleon
Community Schools.
International Law, Citizenship and
Immigration [TOPIC 40-42]
Testing Federal Power Over Immigration [The Atlantic, 10/24/16]: An upcoming birthright citizenship
case at the Supreme Court could give some insight as to whether Donald Trump's
proposed ban on immigration could pass Constitutional muster.
Read more about Lynch
v. Morales-Santana by going to:
Two Messy Gitmo Trials
Land at Supreme Court's Step [Bloomberg, 10/26/16]: The bad news is, both involve claims of legal
overreach by government prosecutors.
UN calls 2016 deadliest year for Mediterranean refugees [Jurist, 10/27/16]: The agency expressed concern
because the current death tolls are on track to supersede the already high
numbers from 2015. The agency believes the death rates are due to changes in
smuggling techniques, crossing a known "perilous route" and moving
large masses of individuals at one time.
http://www.jurist.org/paperchase/2016/10/un-calls-2016-deadliest-year-for-mediterranean-refugees.php
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