Tuesday, November 15, 2016

Posts for November 15, 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:

Ruth Bader Ginsburg utters the words: 'President Trump' [Wash Post, 11/14/16]: Justice Ruth Bader Ginsburg, who made headlines this summer for saying she feared for the country and the Supreme Court should Donald Trump be elected, acknowledged the inevitable Monday afternoon: “President Trump.”

Federal courts will shift to the right under Trump [USA Today, 11/14/16]: The legal world is transfixed with the Supreme Court vacancy President-elect Donald Trump is poised to fill. But his greater impact, at least in the short run, could come by filling vacancies and replacing retiring judges on federal appeals courts that hear 400 times as many cases.

Merrick Garland: What happens now? [CNN, 11/15/16]: Sometime in January, Merrick Garland is likely to return full-time to a top job in the judiciary. But it will be on the second highest court in the land.

An Alternate Take on Trump's Potential Supreme Court Nominees [Empirical SCOTUS, 11/14/16]: Trump’s list of potential nominees varies considerably from the norm of judicial candidates for the Supreme Court in recent years.  

The Highest Court [Jeffrey Toobin in the New Yorker, 11/21/16]: A seven-paragraph essay, part of a larger collection titled "Aftermath: Sixteen Writers on Trump's America."

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:

Trump victory could imperil Roe v. Wade abortion ruling [AP, 11/14/16]: If a reconfigured high court did overturn it, the likely outcome would be a patchwork map: some states protecting abortion access, others enacting tough bans, and many struggling over what new limits they might impose.

The American Presidency [TOPIC 15]

Trump considering woman, openly gay man for leadership posts [AP, 11/14/16]: The incoming president is considering Richard Grenell as United States ambassador to the United Nations. If picked and ultimately confirmed by the Senate, he would be the first openly gay person to fill a Cabinet-level foreign policy post.

White nationalists' 'man in the White House'? Bannon appointment provokes angry rebukes [Politico / SJ Merc, 11/14/16]: Donald Trump’s effort to rebrand himself as a unifier and open-minded negotiator were drowned out by an angry national backlash over his naming of an enthusiastic promoter of white nationalism as his chief strategist in the White House.

First Day of Trump’s Presidency Could Begin a Rollback of LGBTQ Rights [KQED, 11/15/16]:  According to Trump’s 100-day plan, released by his campaign in October, he will “FIRST, cancel every unconstitutional executive action, memorandum and order issued by President Obama.” That means Trump could immediately repeal Executive Order 13672, which explicitly prohibits federal contractors and subcontractors from discriminatory hiring practices based on gender or sexual identity.

Giuliani Tops Trump List for Secretary of State [CNS, 11/15/16]: Sequestered in his Manhattan high-rise, President-elect Donald Trump is preparing to fill key foreign policy posts. Former New York Mayor Rudy Giuliani has emerged as the favorite to serve as secretary of state, a senior Trump official said.

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:

What So Many People Don’t Get About the U.S. Working Class [Harvard Business Review, 11/13/16]: For months, the only thing that’s surprised me about Donald Trump is my friends’ astonishment at his success. What’s driving it is the class culture gap.

I’m a Coastal Elite From the Midwest: The Real Bubble is Rural America [Roll Call, 11/10/16]: I’m from the rural Midwest. I now live in Washington, D.C. All of this talk about coastal elites needing to understand more of America has it backward.

Legislation and the Legislative Process (TOPIC 20)

House Majority Leader Kevin McCarthy on Nancy Pelosi: 'As long as she’s leader we keep the majority' [LA Times, 11/14/16]: Speaking with reporters Monday, House Majority Leader Kevin McCarthy said House Minority Leader Nancy Pelosi (D-San Francisco) should stay in leadership because it benefits Republicans.

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:

UN rights group says US ignoring rights of Native Americans protesting Dakota Access Pipeline [Jurist, 11/15/16]: The UN Permanent Forum on Indigenous Issues (UNPFII) [official website] released the statement after Grand Chief Edward John, an expert member of the UNPFII, spent three days in the Standing Rock area and composed a report of his observations. 

School district deploys administrators to calm students’ nerves [KPCC, 11/14/16]: On Monday, hundreds of students in Los Angeles schools walked out of classes to protest the anti-immigrant rhetoric of President-elect Donald Trump. One hour south, in Santa Ana, school officials tried to head off any protests by sending every administrator from the central office to the district’s 62 schools. 

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:

Raise the Rainbow Flag: Federal Court Rules that Title VII Bans Sexual Orientation Discrimination [Justia, 11/15/16]: Professor Grossman comments on a recent decision by a federal district court in Pennsylvania holding that Title VII bans sexual orientation discrimination. Grossman describes the gradual recognition of sexual orientation discrimination as a cognizable injury under Title VII and praises the court for coming to the correct conclusion.

Bilingual education vote in California another shift from bitter 1990s conflicts [EdSource, 11/14/16]: The overwhelming approval by California voters to end restrictions on bilingual education in its public schools marks another significant shift from the political expressions of racial and ethnic resentments that swirled across California’s multiethnic landscape during the 1990s. 

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

Defiant San Francisco Vows to Remain Sanctuary City [AP, 11/14/16]: A large crowd cheered Monday as San Francisco Mayor Ed Lee vowed that the city will remain a sanctuary for immigrants, gays and lesbians, and religious minorities despite the election of a president who strikes fear into many of those communities.


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