Posts for November 30, 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:
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:
The Supreme Court and the
Next Generation of Executive Power Cases [“Empirical SCOTUS” blog, 11/29/16]: Over the past several months an entirely new class of executive
power-related concerns have percolated through the national media and have
begun burgeoning in federal courts. Prior to the election of
President-Elect Trump, few knew about the Emoluments Clause in the Constitution
and how it could be violated. Just this morning Trump’s comments on Twitter
raised the specter of a renewed debate about whether the First Amendment
protects the burning of the American Flag (it does). Add to this the
question of using the precedent of Japanese internment camps to create a
national Muslim registry and there are already major questions about how the
extent of executive power will be tested during the Trump Presidency.
Building Firewalls: Protecting Public Schools in the Trump
Era [EdLawProfs blog, 11/30/16]: From David G. Sciarra, Executive
Director of the Education Law Center: “With the selection of Betsy DeVos as Education Secretary, Donald Trump
has made good on his promise to do everything possible to undermine and weaken
America's public education system….”
The
American Presidency [TOPIC 15]
Why—and
How—President-Elect Trump’s Conflicts of Interest Matter [Justia,
11/30/16]: Professor Dorf explains why
President-elect Donald Trump’s conflicts of interests are problematic for the
country. Dorf argues that the primary risk is that a Trump administration will
pursue policies that further Trump’s business interests at the expense of the
national interest. Dorf also points out two other risks posed by Trump’s
conflicts of interest: the possibility of unjust enrichment and the cultural
shift that corruption at the top could catalyze.
Trump Promises Via Twitter to Announce 'Leaving' His Business
[CNS, 11/30/16]: Bedeviled in recent weeks about constitutional conflicts,
President-elect Donald Trump tweeted early Wednesday that he will hold a press
conference with his children to discuss his business.
Donald Trump Wants to Cut Funding From Sanctuary Cities.
But Can He? [KQED, 11/29/16]: President-elect Donald Trump made
attacking sanctuary cities, like San Francisco, a cornerstone of his campaign.
Trump's Twitter addiction could reshape the presidency [Politico,
11/29/16]: The tool he uses to set the agenda now threatens to open a window
into the mind of an American president.
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:
Green Party files
suit seeking recount of presidential votes in Pennsylvania [Jurist,
11/29/16]: The claim offers as grounds for its motion news articles from the
New York Times, NBC, Wired, the Chicago Tribune and others alleging
hacker involvement in the election as well as the affidavit of J. Alex Halderman, a professor of computer
science and engineering at the University of Michigan, who states that there were
"unprecedented cyberattacks" in the 2016 election.
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
Ordinary investigative stop, or 'extraordinary' and unlawful
police tactics? [Volokh Conspiracy, 11/29/16]: The
Seventh Circuit will also hear en banc arguments tomorrow in United States v. Johnson, a criminal
case that is the real reason I am going to the arguments tomorrow. In a
nutshell, police saw a vehicle stopped at a crosswalk, pulled two vehicles up
next to it and shined bright lights on it, then saw a passenger trying to hide
a gun which turned out to be unlawfully possessed by a felon. The question is
whether there was a Fourth Amendment violation that justifies excluding some of
the evidence. Judge Easterbrook’s opinion for the panel is short and covers a
lot of ground, but near as I can tell there are three separate issues.
Arizona Police Excessive Force Case
Reinstated [Trial Insider,
11/28/16]: A previously dismissed excessive force lawsuit against a
University of Arizona police officer was reinstated Monday by a federal appeals
court. Amy Hughes will have another opportunity to pursue her civil rights
claims against the officer who shot her four times while she carried a knife
and walked toward another bystander.
Supreme Court rules double jeopardy clause allows retrial
for inconsistent verdicts [Jurist,
11/29/16]: The US Supreme Court ruled Tuesday in Bravo-Fernandez
v. U.S. that the double jeopardy
clause does not bar the government from retrying defendants after a jury has
returned inconsistent verdicts and the convictions are later vacated due to
legal error unrelated to the inconsistency of the jury.
Read the unanimous decision in Bravo-Fernandez v. U.S.
at:
Justices Hear Texas Death
Penalty Case Involving Intellectual Disability [NPR / CNN / Huff Post /
USA Today,11/29/16]: Five Supreme Court
justices Tuesday seemed to agree with arguments that a Texas death row inmate
should not be executed because he is intellectually disabled.
After Bringing Back The Death Penalty, Nebraska Looks
To Act In Secret [BuzzFeed,
11/29/16]: The Nebraska Department of Correctional Services wants to allow its
execution drug suppliers to be secret from now on; In the past, the state has
(unsuccessfully) bought illegal execution drugs.
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 in uphill battle on punishing flag-burning [FAC,
11/29/16]: President-elect Donald Trump
suggested on Twitter that there should be penalties for burning the American
flag possibly jail time or loss of citizenship. The Supreme Court has twice
ruled 5-4 that the right to burn the flag was protected by the First Amendment.
Free press faces
challenges in Trump presidency [FAC, 11/29/16]: Robert Reich and Emily Bazelon discuss how President-elect Donald Trump
strives to control the press, including berating the press, blacklisting
critical news outlets, threatening libel suits, and limiting access
Protesters Sue for Excessive Force After Pipeline Scuffle [CNS, 11/29/16]: Protesters of the Dakota Access Pipeline,
calling themselves “water protectors,” sued Morton County and its sheriff, Kyle
Kirchmeier, in federal court after claiming the sheriff’s department used
teargas and water cannons against them at the Dakota Access pipeline protest
sites
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:
LGBT worker's civil rights
case could reach beyond state [Indianapolis Star / Chicago Sun-Times, 11/29/16]: An unassuming high school teacher in South
Bend, Kim Hively never thought she would be at the center of a civil rights
battle.
Does federal law already
ban discrimination on the basis of sexual orientation? [Volokh Conspiracy,
11/29/16]: An argument has emerged quite prominently in some federal
courts that employment discrimination on the basis of sexual orientation
is already illegal.
International Law, Citizenship
and Immigration [TOPIC 40-42]
Immigration Evolution [Bloomberg BNA, 11/2/16]: This is a podcast examing immigration law changes and
upcoming Court cases.
Supreme Court To Consider How Long Immigrants May Be Detained
Without Bond Hearing
[Nina Totenberg on NPR’s “Morning Edition” / The Marshall Project,11/30/16]: The U.S. Supreme Court takes up important immigration
questions Wednesday, even as President-elect Donald Trump talks of pushing for
more deportations. The legal issue before the court tests whether people who
are detained for more than six months have a right to a bond hearing.
Experts
Sketch Future of Trump Immigration Reform [CNS, 11/30/16]: Sparking as much consternation in some
parts of the country as delight in others, the formation of President-elect
Donald Trump’s administration has experts forecasting that he intends to pursue
many of his immigration proposals.
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