Posts for December 14, 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:
A General Approach for Predicting the Behavior of the
Supreme Court of the United States [,
12/13/16]: Building on developments in machine learning and prior work in the
science of judicial prediction, we construct a model designed to predict the
behavior of the Supreme Court of the United States in a generalized,
out-of-sample context.
Supreme Court denies NFL head
injury settlement appeals [Constitution
Daily / National Law Review, 12/12/16]: Lyle Denniston, Constitution Daily’s
Supreme Court correspondent, looks at several significant cases denied for
consideration by the Supreme Court on Monday morning.
Big Banks Fight to Block Crisis-Era
Lawsuits From Continuing [NY Times, 12/13/16]: Big banks are fighting tens of billions of dollars of
potential legal costs linked to at least a dozen pending lawsuits arising from
the financial crisis. Now they want the Supreme Court to weigh in, arguing that
regulators took too long to file their claims.
Supreme Court justice
argues for a world view from the bench [Ft. Worth Star-Telegram, 12/12/16]: When President-elect Donald Trump finally appoints a
new justice to the U.S. Supreme Court, what will be Justice Stephen Breyer’s
advice to the incoming member of that exclusive club?
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:
Supreme Court would toss
Ohio abortion bans, analysts say [Columbus Dispatch / AP, 12/11/16]: Even though President-elect Donald Trump will nominate
a replacement for the late Justice Antonin Scalia next year, five justices on
the high court still would very likely invalidate the two new abortion bans
awaiting Gov. John Kasich’s signature, legal analysts say.
Ohio’s Six-Week Abortion Ban Bill and the Future of Roe v. Wade [Justia, 12/13/16]: Professor Dorf
explains why a group of legislators in Ohio recently voted to adopt a law that
prohibits abortion of any fetus with a “detectable heartbeat”—around six weeks
after conception—in clear violation of the U.S. Supreme Court’s 1973 holding in Roe v. Wade. Dorf describes what
a “Trump Court” might do (and what it might not do) with respect to this Ohio
law and others like it.
The
American Presidency [TOPIC 15]
Legal scholars to Trump:
Abide by Constitution [USA Today, 12/13/16]: Concerns include press freedom, treatment
of Muslims, civil rights, abortion, hate groups.
Erwin Chemerinsky & Joan Biskupic on Donald Trump
& the Supreme Court [UCI Law
talks podcast, 12/13/16]: In the podcast they discuss the uncertainty
surrounding the Supreme Court as Trump’s inauguration approaches, including
potential replacements of Justice Scalia, Trump’s nomination of solicitor
general and the future of abortion, affirmative action and marriage equality.
https://soundcloud.com/ucilawtalks/erwin-chemerinsky-joan-biskupic-on-donald-trump-the-supreme-court
Trump dares GOP Senate to reject Tillerson [Politico,
12/13/16]: It could take only three Republicans to sink him, and Marco Rubio,
John McCain and Lindsey Graham have all been critical.
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:
Trump seeks to intervene in Electoral College suit [Politico,
12/13/16]: In a filing with the U.S. District Court in Northern California,
Trump's attorney urges Judge Edward Davila, a 2011 Barack Obama appointee, to
allow him to intervene and become a party to the lawsuit, brought by California
elector Vinz Koller.
Federal appeals court
upholds Va. voter ID law [Richmond Times-Dispatch / AP / Jurist / Trial Insider, 12/13/16]: The 4th U.S. Circuit Court of Appeals on Tuesday
turned back a challenge to Virginia’s voter photo ID law upheld by a federal
judge in Richmond this year.
Legislation and the Legislative
Process (TOPIC 20)
Menendez asks Supreme Court to hear case [Politico, 12/13/16]: The Democratic senator facing
bribery charges claims probe violated Constitution's 'speech or debate'
immunity for legislators.
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:
N.J. judge orders
newspaper to stop publishing articles [Hackensack (NJ) Record, 12/13/16]: A New Jersey judge has ordered the Trentonian
newspaper to stop publishing articles about a child abuse case -- a ruling that
First Amendment experts said could violate the U.S. Supreme Court's most
important decisions guaranteeing the freedom of the press.
Spy Law Could Be Government Tool to Prosecute Press [Bloomberg, 12/13/16]: A century-old spy law could be used to prosecute
reporters who possess leaked information, sources told Bloomberg BNA. No
reporter has ever been prosecuted under the Espionage Act, but “there’s a
danger that a sufficiently overzealous Justice Department could try to use
the Espionage Act” in the future, Stephen I. Vladeck told Bloomberg BNA.
The Supreme Court Case That Could Bankrupt Religious
Schools and Hospitals [The Atlantic,
12/13/16]: Advocate Health Care
Network v. Stapleton pits financially strained organizations
against their own workers, who fear their promised pensions may not be there
when they retire.
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:
2 Southern California students backing Harvard in
affirmative action case [KPCC, 12/13/16]: Two California students have
joined the legal effort against an anti-affirmative action lawsuit that was
filed against Harvard University two years ago and is making its way through
the courts.
CNN Must Face Job
Discrimination Claim [Trial
Insider, 12/13/16]: CNN, the Cable News
Network, must face a claim of job discrimination by an 18-year veteran
African-American producer who was denied a White House job in favor of a
younger white candidate with less experience, a California state appeals court
ruled Friday.
International Law, Citizenship
and Immigration [TOPIC 40-42]
Obama Opts to Archive, not Declassify, Torture Report [CNS, 12/13/16]: A Senate report on torture and other
harsh interrogation tactics that the CIA used in the war on terror will remain
secret into the next administration, the White House revealed Monday.
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