Posts for October 7, 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:

Elected Judges Are Less Likely to Support LGBTQ Rights. Also, Judges Should Never Be Elected [Slate, 10/6/16]: The United States’ unique practice of electing judges is a travesty of justice in countless ways: Pressured to gratify voters’ desires rather than uphold the law, elected judges are more likely to impose unduly harsh sentences and condemn defendants to death; less likely to rule against the moneyed interests that financed their elections; and prone to disregard politically unpopular groups’ civil rights. 

http://www.slate.com/blogs/outward/2016/10/06/elected_judges_are_more_likely_to_be_anti_lgbtq_lambda_finds.html

Supreme Court Weighs If Friendly Tips Worth Millions Constitute Insider Trading [Huff Post, 10/6/16]: How the high court defines the crime could have a big effect on white-collar prosecutions.

http://www.huffingtonpost.com/entry/supreme-court-insider-trading_us_57f27eefe4b024a52d2ff05d

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:

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:

Hurricane Matthew Could Have Devastating Consequences for the Election [Slate, 10/6/16]: Beyond the obvious initial tragedy the storm also may have dire electoral implications, potentially affecting the outcome of the 2016 presidential election and landing emergency election litigation from Florida once again before the (now-deadlocked) United States Supreme Court.

http://www.slate.com/blogs/the_slatest/2016/10/06/hurricane_matthew_could_have_devastating_consequences_for_the_election.html

Republican Trump says 70 percent of federal regulations 'can go' [Reuters, 10/7/16]: U.S. Republican presidential nominee Donald Trump said as many as 70 percent of federal agency regulations could be eliminated if he is elected in November, just hours after an adviser said the candidate would seek to cut 10 percent.

http://www.reuters.com/article/us-usa-election-trump-regulations-idUSKCN12629R?feedType=RSS&feedName=politicsNews

Lobbyist advised Trump campaign while promoting Russian pipeline [Politico, 10/7/16]: A Republican lobbyist was earning hundreds of thousands of dollars to promote one of Vladimir Putin’s top geopolitical priorities at the same time he was helping to shape Donald Trump’s first major foreign policy speech

http://www.politico.com/story/2016/10/donald-trump-campaign-lobbyist-russian-pipeline-229264

Legislation and the Legislative Process (TOPIC 20)

Calif. ballot admission price: $48 million [Capitol Weekly, 10/6/16]: It’s like a poker game: If you want to play, you have to ante up. And this year, the ante for Nov. 8 was nearly $48 million. That’s how much the rival interests for 15 initiatives paid to get on the ballot. That’s not money spent on the merits of the initiatives. It’s the money spent simply to get the propositions before the public. 

http://capitolweekly.net/ballot-admission-48-million/

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

Do 4^th Amendment Protections Vanish After an Indictment? The Manuel v. Joliet case on the Court Docket [Justia, 10/7/16]: Professor Amar comments on a case in which the Supreme Court heard oral arguments this week. In that case—Manuel v. Joliet—the Court will consider whether an individual’s Fourth Amendment right against unreasonable seizure continues after an indictment has issued, thereby allowing a malicious prosecution claim based on the Fourth Amendment. Amar argues that the case highlights some unusual features of Supreme Court practice, as well as some important aspects of constitutional law.

https://verdict.justia.com/2016/10/07/fourth-amendment-protections-vanish-indictment

This Machine Could Prevent Gun Violence — If Only Cops Used It [The Marshall Project, 10/7/16]: A system that can link gun crimes through shell casings is hobbled by skepticism and lack of manpower.

https://www.themarshallproject.org/2016/10/06/this-machine-could-prevent-gun-violence-if-only-cops-used-it?ref=hp-2-122#.CKhAQzt25

Jerry Brown Pushes Earlier Release of Felons Under Proposition 57 [KQED, 10/7/16]: When Gov. Jerry Brown signed Senate Bill 42 in 1976, he said it would provide “certain, clear punishment for crime.” The measure passed the Legislature with little controversy. It created a determinate sentencing structure in California, scrapping most open-ended prison terms and instead giving inmates a set release date.

http://elections.kqed.org/article/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57

Irreparable Harm [Slate, 10/6/16]: The Supreme Court just heard a case that proves how broken the death penalty is.

http://www.slate.com/articles/news_and_politics/jurisprudence/2016/10/supreme_court_hears_case_that_proves_the_death_penalty_is_broken.html

Use of death penalty re-examined in the states, at Supreme Court [Catholic News Service, 10//16]: The United States, with its mixed record on the death penalty, is about to take a closer look at the issue this fall with two cases before the Supreme Court and three referendums on state ballots in the November election.

http://www.catholicnews.com/services/englishnews/2016/use-of-death-penalty-re-examined-in-the-states-at-supreme-court.cfm

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:

First Amendment case regarding limits on merchant speech hits U.S. Supreme Court [FAC, 10/6/16]: The U.S. Supreme Court has agreed to review a 2^nd Circuit case Expressions Hair Design v. Schneiderman contesting on First Amendment grounds a New York law that prevents surcharges for customers using credit cards but allows discounts for those paying cash. 

https://firstamendmentcoalition.org/2016/10/first-amendment-case-regarding-limits-merchant-speech-hits-u-s-supreme-court/

Two Ongoing Questions: What’s Fit for the Web? And, What Doesn’t “Fit”?[ Newseum, 10/6/16]: Google, Facebook and their e-contemporaries, as private not government operations, are free to post, block or remove content as they will — on our behalf. Most cite “community standards” as reasons for impeding the free flow of information through their products and services. 

http://www.newseuminstitute.org/2016/10/06/two-ongoing-questions-whats-fit-for-the-web-and-what-doesnt-fit/

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:

Maryland high school decides on gender neutral homecoming court [NSBA Legal Clips, 10/5/16]: Bethesda-Chevy Chase High School is introducing a gender-neutral homecoming court this year to offer students the opportunity to decide for themselves whether they would prefer to be called a “king” or “queen,” regardless of their gender. The change allows the two winners to be, for the first time, two boys, two girls, transgender students, or a boy and a girl.

http://legalclips.nsba.org/2016/10/05/maryland-high-school-decides-on-gender-neutral-homecoming-court/

Michigan district is the target of a federal government Title IX probe into sexual violence and a separate Title IX discrimination investigation into gender segregated classrooms [NSBA Legal Clips, 10/4/16]: Lansing School District (LSD) is under investigation by the U.S. Department of Education’s Office for Civil Rights (OCR), reports Detroit Free Press, for its response to the sexual assault of a student at Eastern High School. OCR is also probing LSD’s decision to created gender-based classrooms at Willow Elementary School.

http://legalclips.nsba.org/2016/10/04/michigan-district-is-the-target-of-a-federal-government-title-ix-probe-into-sexual-violence-and-a-separate-title-ix-discrimination-investigation-into-gender-segregated-classrooms/

Court grants review in special education case exploring what level of educational benefit a student must receive from school district under IDEA [NSBA Legal Clips, 10/3/16]: The Court will seek to resolve the split between the 10^th Circuit and 3^rd Circuit U.S. Court of Appeals.

http://legalclips.nsba.org/2016/10/03/u-s-supreme-court-grants-review-in-special-education-case-exploring-what-level-of-educational-benefit-a-student-must-receive-from-school-district-under-idea/

Pennsylvania students sue over gender-specific restroom policy [Jurist, 10/6/16]: Three transgender students in the Pine-Richland school district in Western Pennsylvania filed suit Thursday against the school district for their decision to implement gender specific restrooms. 

http://www.jurist.org/paperchase/2016/10/pennsylvania-students-sue-over-gender-specific-restroom-policy.php

International Law, Citizenship and Immigration [TOPIC 40-42]

Paris Agreement on climate change achieves threshold for entry into force [Jurist, 10/6/16]: The threshold of 55 parties making up more than 55 percent of global greenhouse gas emissions triggered the entry into force of the agreement in 30 days. 

http://www.jurist.org/paperchase/2016/10/paris-agreement-on-climate-change-achieves-threshold-for-entry-into-force.php