Wednesday, December 7, 2016

Posts for December 7, 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:

Bench Brackets: The Battle for the Next SCOTUS Justice (Part 1) [Bloomberg, 12/6/16]: Twenty-one contenders. One spot. Bloomberg BNA’s Kimberly Robinson and Patrick Gregory narrow down who will take home the title of Next Supreme Court Justice.

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 American Presidency [TOPIC 15]

U.S. courts look ahead to Trump as Obama cases fizzle [Reuters, 12/6/16]:
President Barack Obama's legal defense of some key initiatives including his signature healthcare law is collapsing as courts put cases on hold until after President-elect Donald Trump, hostile to the policies, assumes office on Jan. 20.

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:

Federal, state courts duel over Michigan's recount [Detroit News, 12/6/16]: A Michigan Court of Appeals panel has ordered the Board of State Canvassers to reconsider and reject a recount petition filed by Green Party candidate Jill Stein, ruling she did not meet the qualifications for the request because she has no chance at winning the presidential election.

Clinton Landslide in California Offers Glimpse Into Future of Politics [CNS, 12/6/16]: With the 2016 presidential election over, political doctors are trotting out their diagnoses for why everyone was so wrong and it’s Donald Trump planning his transition into the White House instead of Hillary Clinton.

Legislation and the Legislative Process (TOPIC 20)

Repealing Obamacare to be first on Senate agenda in 2017 [Reuters, 12/6/16]: Repealing Obamacare will be the first order of business in the U.S. Senate in January, Senate Majority Leader Mitch McConnell, a Republican, said on Tuesday. Republicans will replace President Barack Obama's signature health insurance program that provides coverage to millions of Americans "step by step," said Senator John Thune, another member of the Republican leadership.

California's new Legislature has biggest gender gap in quarter century [KPCC, 12/7/16]: As California's state legislators began a new session this week, data shows the 120-member Legislature is far more male and white than the state it represents.

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

Oakland fire: Legal experts say criminal charges are a given [EB Times, 12/7/16]:  As investigators in hazmat suits sort “bucket by bucket” through the charred debris of the Ghost Ship warehouse fire in search of clues as to how and why 36 people’s lives were lost, legal experts say it’s almost certain someone will be criminally charged no matter what the cause.

In Alabama, You Can Be Sentenced to Death Even if Jurors Don’t Agree [The Marshall Project, 12/7/16]: Judges have uniquely uncommon power in the state.

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:

When free speech comes at a cost [Phily Inquirer, 12/6/16]: Freedom-of-speech protection under the First Amendment, experts point out over and over, does not extend to the private sector, and that's a tough lesson to learn following a divisive presidential campaign of unusually coarse discourse.

Lee v. Tam: Offensive Trademarks at the Supreme Court -- Speech Rights and Government Prerogative (A Series); Part Three [“In a Crowded Theater” blog, 12/6/16]: The Best Arguments for Allowing the Denial of Registration to Disparaging Trademarks.

California’s Defeated Condom Initiative and the First Amendment [Justia, 12/7/16]: Professor Colb discusses California’s Proposition 60, a ballot initiative that recently failed in that state that would have required male actors in pornographic movies to wear condoms during performances. Colb considers both a First Amendment challenge to the ballot initiative, as well as a possible response to that challenge, and she argues the law would likely pass muster under the First Amendment.

“Anti-Semitism Awareness Act” ignites First Amendment controversy [Concurring Opinions / FAC, 12/7/16]: The bill was proposed by Senators Bob Casey, a Pennsylvania Democrat, and Tim Scott, a South Carolina Republican, to “ensure the Education Department has the necessary statutory tools at their disposal to investigate anti-Jewish incidents,” according to a news release. The senators say the act is not meant to infringe on any individual right protected under the First Amendment, but rather to address a recent uptick in hate crimes against Jewish students

Censorship: Author withdraws satirical book after heated criticism [FAC, 12/7/16]: Inundated by angry messages, an author of a book satirizing children book covers asked the publisher to withdraw the book. The book which was comprised of parodies of notable covers was widely panned for distasteful content and racial and cultural stereotypes. 

California U.S. congressman sues defeated opponent for libel [FAC, 12/6/16]: The day before the election, Re. Darrell Issa sued his democratic opponent  Doug Applegate for two campaign ads he claims were libelous. 

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:

Court paves way for Gay-Straight Alliance at middle schools [Leesburg (FL) Daily Commercial / Volokh Conspiracy, 12/6/16]: The United States Federal Court of Appeals for the 11th Circuit overturned a lower court's ruling that kept a group of Lake County students from establishing a Gay-Straight Alliance at Carver Middle School, according to a press release from the American Civil Liberties Union.
The opinion in Carver Middle School Gay-Straight Alliance v. School Board of Lake County Florida can be found at:

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

Will Trump slam the door on Obama's Dreamers? [Politico, 12/6/16]: President-elect Donald Trump’s get-tough stance against illegal immigration faces a key test on his first day in office: whether to follow through on his campaign trail pledge to revoke President Barack Obama’s 2012 directive that gave undocumented immigrants brought to the United States as children a chance to work here legally without getting deported.

Ugandan Warlord Faces Reckoning at The Hague [CNS, 12/6/16]: A former commander with a Christian extremist group went to trial in The Hague on Tuesday for crimes against humanity involving the murder, rape and torture of thousands of Northern Ugandans.

Broken Contract [CNS, 12/7/16]: Fidel Castro was the embodiment of a great notion that has been crumbling for some time, the idea that the state should help the farmers, the regular people, the poor, should liberate and lift them, and protect them against the rich and powerful. It is hard to see now but once upon a time there was a sweetness and a soaring quality to that notion.

No comments:

Post a Comment