Posts for November 11, 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.
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:
Scholars Focus on
High Court Picks [CNS, 11/11/16]: With
Republicans locking up every branch of representative federal government on
election night, legal scholars are looking now to the future composition of the
U.S. Supreme Court.
Teaching Students That Judge Judy Is Not a
Supreme Court Justice [NY Times, 11/10/16]: Robert A. Katzmann,
chief judge of the Court of Appeals for the Second Circuit, has begun a
wide-ranging program that casts the entire circuit in an unusual role, not as
an adjudicator set apart but as an engaged and approachable teacher. “The
vitality of our governmental institutions, of our courts, depends upon
understanding by the public and support from the public; that’s critical to
what we do,” Judge Katzmann said.
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:
Two Cases Where Trump
Could Rewrite the Rules [Bloomberg, 11/10/16]: Vice
President-elect Mike Pence has told evangelical leader James Dobson that the next
administration will reverse President Barack Obama’s contraceptive mandate
rules and transgender bathroom guidance -- both of which it can do without
Congress. If Pence speaks for President-elect Donald Trump, both decisions
would have major implications for cases now before the U.S. Supreme Court.
The
American Presidency [TOPIC 15]
Trump as Andrew Jackson [Gerard Magliocca in Concurring Opinions, 11/9/16]: “I thought I would take a stab at putting the election
into some context. The only President that compares to the current
President-elect is Andrew Jackson.”
Trump's Victory Expands the Supreme Court -- and
Shrinks Its Docket [National Review,
11/11/16]: The president-elect could very quickly dismantle Obama's legacy of
executive action.
Coming Consequences
for the Litigious President-elect Trump
[Justia, 11/11/16]: John Dean, former counsel to President Nixon, discusses the
possible consequences of the many lawsuits involving President-elect Donald
Trump on his presidency. Dean explains why Trump’s situation is different from
other presidents-elect who carried civil lawsuits with them into the Oval
Office—Theodore Roosevelt, Harry Truman, John Kennedy, and Bill Clinton.
How Trump May Alter California’s Environment and Energy
Landscape [KPCC, 11/10/16]: President-elect Donald Trump, however, has
called global warming “bulls**t” and a “hoax,” making him soon to be one of, if
not the only, world leader to deny the science behind climate change. He’s also
threatened to defund the Environmental Protection Agency and bring back the
flagging coal industry.
Trump lawyers to begin settlement talks on Trump
University [AP, 11/10/16]: Donald Trump's attorneys on Thursday agreed
to enter settlement talks in a class-action fraud lawsuit involving the
president-elect and his now-defunct Trump University, raising the possibility
of a quick end to the 6 ½-year-old case just before it goes to trial.
Trump’s reliance on
an ‘army of one’ faces a shift [Wash Post, 11/10/16]: The
president-elect is known to read little and rule by his gut. He picks people by
first impressions, expects extreme loyalty and is focused on how he is
perceived. To govern, he’ll have to absorb vast amounts of information about
issues he’s never confronted, and his inner circle will have to expand —
greatly.
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:
Clinton aides blame loss on everything but themselves [Politico,
11/10/16]: On a call with surrogates Thursday afternoon, top advisers John
Podesta and Jennifer Palmieri pinned blame for Hillary Clinton’s loss on a host
of uncontrollable headwinds that ultimately felled a well-run campaign that
executed a sensible strategy, and a soldier of a candidate who appealed to the
broadest coalition of voters in the country.
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
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:
Trump Bucks Protocol
on Press Access [CNS, 11/11/16]: President-elect
Donald Trump on Thursday refused to let a group of journalists travel with him
to cover his historic first meeting with President Barack Obama, breaking a
long-standing practice intended to ensure the public has a watchful eye on the
nation’s leader.
Forthcoming: Chemerinsky & Gillman on the importance of free
speech on college campuses
[Concurring Opinions, 11/10/16]: It is one of the topics of
our times — free speech on college campuses.
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:
How Far Have We Come Since 1952? [Slate, 11/10/16]: The Supreme Court took on the gender roles of the
1950s on the day after Donald Trump's election.
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