Posts for December 6, 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:

Supreme Court Sides With Samsung, Against Apple In Patent Infringement Fight [NPR, 12/6/16]: The Supreme Court has weighed in on a patent battle between Samsung and Apple, unanimously siding with Samsung by declaring that the patent infringement for an element of a design should be treated differently from the infringement of an entire design. The dispute between the two tech giants isn't about whether Samsung violated Apple's patents — but rather about how much money it's reasonable for Samsung to pay for the infringement.

http://www.npr.org/sections/thetwo-way/2016/12/06/504545297/supreme-court-sides-with-samsung-against-apple-in-patent-infringement-fight

Trump could bring a different kind of diversity to the Supreme Court [CNN, 12/6/16]: Judicial conservatives are buzzing about a new Supreme Court justice who could cement a conservative majority on the bench for decades.

http://www.cnn.com/2016/12/06/politics/donald-trump-supreme-court-nominee-shortlist/

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:

The Real Voting Scandal of 2016 [Jeffrey Toobin in The New Yorker, 12/12/16 issue]: Jill Stein can’t call for the recount of uncast votes, but there were clearly thousands of them as a result of voter-suppression measures.

http://www.newyorker.com/magazine/2016/12/12/the-real-voting-scandal-of-2016

Race, politics divide Supreme Court justices in redistricting cases: is it politics or is it race? [USA Today / Raleigh (NC) News & Observer / CNN / NPR, 12/6/16]: The allegations are that legislatures in Virginia and North Carolina illegally concentrated blacks in some voting districts.

http://www.usatoday.com/story/news/politics/2016/12/05/supreme-court-race-politics-redistricting-virginia-north-carolina/94998380/

http://www.newsobserver.com/news/politics-government/article119055958.html

http://www.cnn.com/2016/12/05/politics/supreme-court-gerrymandered-districts/

http://www.npr.org/2016/12/05/504467218/supreme-court-considers-racial-gerrymandering-in-separate-cases

Federal judge orders Michigan recount of presidential ballots [Jurist, 12/5/16]: The recount was originally scheduled to start December 2 but was delayed due to objections filed by President-elect Donald Trump. Although Trump's objections were rejected by the Michigan State Board of Canvassers, there was a mandatory delay of 2 business days pursuant to Michigan state law before officials could begin the recount. 

http://www.jurist.org/paperchase/2016/12/federal-judge-orders-recount-of-presidential-ballots-in-michigan.php

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

California Supreme Court limits police searches [AP, 12/5/16]: Police officers may only conduct a search following a traffic stop if they believe there is probable cause a crime was committed, the Supreme Court ruled unanimously Monday in a child pornography case involving a bicyclist pulled over for rolling through a stop sign.

http://customwire.ap.org/dynamic/stories/C/CA_POLICE_TRAFFIC_STOP_SEARCHES_CAOL-?SITE=CASON&SECTION=STATE&TEMPLATE=DEFAULT&CTIME=2016-12-05-19-46-25

The case is People v. Macabeo and can be found at:

http://www.courts.ca.gov/opinions/documents/S221852.PDF

Calif. Lawmakers Say They’ll Reform Money-Bail System [CNS, 12/5/16]: Two California lawmakers said Monday they’ll make reforming the state’s money-bail system a priority in the coming year, saying it unfairly penalizes the poor.

http://www2.courthousenews.com/calif-lawmakers-say-theyll-reform-money-bail-system/

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:

Army Corps of Engineers to find alternate path for Dakota Access Pipeline [Jurist, 12/5/16]: The US Army Corps of Engineers announced Sunday that an alternate route will be investigated for the Dakota Access Pipeline. Jo-Ellen Darcy, the Assistant Secretary for Civil Works, continued that in accordance with the need to further investigate alternative routes, an easement will not be granted to Dakota Access, LLC, the company proposing to build the pipeline.

http://www.jurist.org/paperchase/2016/12/army-corps-of-engineers-to-find-alternate-path-for-the-dakota-access-pipeline.php

A College Newspaper Takes the Right Stand [Bloomberg, 12/5/16]: The University of Kentucky is suing its own student newspaper to stop the publication of documents relating to a report of sexual assault and harassment. The case pits federally guaranteed student privacy rights against the First Amendment and the public’s right to know. 

https://www.bloomberg.com/view/articles/2016-12-05/kentucky-kernel-takes-the-right-stand-against-university

FIRE to podcast 1^st Amendment Salons [Concurring Opinions, 12/5/16]:

The Foundation for Individual Rights (FIRE) will podcast future First Amendment Salons, the next of which is scheduled for December 8th in Washington, D.C. That salon, the eleventh, will feature a discussion between David Cole (the new national legal director of the ACLU) and Jess Bravin (the Supreme Court correspondent for the Wall Street Journal).

https://concurringopinions.com/archives/2016/12/fan-133-1-first-amendment-news-fire-to-podcast-first-amendment-salons.html

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:

New House labor committee chair questions need for unions [Reuters, 12/5/16]: The incoming chair of the congressional panel that oversees labor issues on Monday questioned the need for unions and said she wants to repeal various Obama administration labor policies.

http://www.reuters.com/article/us-usa-congress-unions-idUSKBN13U2NE?feedType=RSS&feedName=politicsNews

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

California lawmakers prepare to take a stand on immigration against the federal government [KQED / AP, 12/5/16]: After heated debates in both chambers, California state lawmakers on Monday said they were prepared to stand up to an incoming federal administration that threatened the state’s progressive work to incorporate the immigrant community into society. 

https://ww2.kqed.org/news/2016/12/05/lawmakers-return-to-sacramento-vow-to-fight-trump-on-immigration-crackdown/

http://customwire.ap.org/dynamic/stories/U/US_CALIFORNIA_IMMIGRATION