Thursday, December 8, 2016

Posts for December 8, 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.

The Top Legal Stories of 2017 [The New Yorker, 12/7/16]: It's time for my semi-accurate, semi-serious (but always annual) list of predictions of the big legal stories for the coming year.

California will soon provide ethnic studies classes for all high schoolers. Here’s why. [LA Daily News, 12/7/16]: In a second-floor classroom at San Francisco’s Washington High School, David Ko is leading freshmen in a discussion about bullying. But it’s not the typical conversation about treating others nicely. “We’re learning about power — political, economic, social — our race, ethnicity, culture, nationality,” says 14-year-old freshman James Liu.

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:

Under Trump, the Federal Courts Will Be Up For Grabs [Linda Greenhouse in the NY Times, 12/8/16]: The Supreme Court nomination, crucial as it is, is the tip of a very big iceberg. That high-profile nomination will mark only the beginning of the Trump administration’s effort to gain control of a federal judiciary that has gradually, almost imperceptibly slipped into Democratic hands during the Obama years.

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]

Trump's First 100 Days: His Supreme Court choice could have a lifetime impact [Fox News, 12/7/16]: President Thomas Jefferson long ago offered a salient if sour lament about members of the Supreme Court: "They never retire, and they rarely die."

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:

How the Conservative Religious Coalition Won the 2016 Election: Part 1: Education [Justia, 12/8/16]: Professor Hamilton explains the U.S. Supreme Court jurisprudence that allowed a conservative religious coalition to implant itself in the American public education system. Hamilton argues that the coup de grĂ¢ce of this movement is Donald Trump’s appointment of Betsy DeVos to Education Secretary, signaling a focus on ideology over the best interests of children.

California's millennial, Latino registered voters surge — along with their influence [KPCC, 12/7/16]: County election officials this week submitted their final vote counts from the presidential election to the Secretary of State, producing an estimated turnout of 75 percent of registered voters casting ballots in California.

‘Moral’ Electoral College Members Demand Right to Bump Trump [CNS, 12/7/16]: Two presidential electors have asked Colorado to allow them to vote for someone other than Donald Trump or Hillary Clinton in the Dec. 19 Electoral College vote, in hope of garnering 37 votes from across the country to invalidate Trump’s election.

Legislation and the Legislative Process (TOPIC 20)

Could Democrats go 'nuclear' one last time before President Trump? [Wash Post blog, 12/7/16]: The Republican strategy of ignoring President Obama's nomination of Merrick Garland to the Supreme Court this year paid clear dividends.

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

Attacks on police officers would be classified as hate crimes under California bill [LA Times, 12/7/16]: Alarmed by a wave of shootings targeting police officers, state Assemblyman Jay Obernolte (R-Big Bear) has introduced a bill that would make an attack on law enforcement a hate crime in California, allowing stiffer penalties for those convicted.

Ex-CIA officer convicted of leaking to Times reporter gains some traction with appeal [Politico, 12/7/16]: One of three appeals court judges on the case seemed troubled by the prosecution's trial tactics.

U.S. Government's Snooping Is Fine by One Court [Bloomberg, 12/7/16]: Do you ever call or e-mail abroad? If so, be aware: The government could be listening, and it can use the content of those conversations against you -- without ever getting a warrant. That’s the upshot of an appeals court holding in the case of Mohamed Mohamud, who was convicted of an attempted bombing in Portland, Oregon. 

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:

Winter 2017 Bill of Rights in Action edition on Religion [CRF, 12/7/16]: This edition of the Bill of Rights in Action looks at the impact of religion on politics, law, and social reform. Download it at:

Could moving a giant cross or cutting off its arms resolve a 1st Amendment case? [Wash Post, 12/7/16]: The fate of a 40-foot tall cross that dominates a busy Maryland intersection provoked impassioned debate in a federal courtroom Wednesday, at one point including a question about whether cutting off the arms of the cross might resolve the legal issues.

Standing Rock: Historic Win for Native American Religious Freedom [Newseum, 12/8/16]: In the long, ugly history of persecution, exploitation, broken treaties, unkept promises and adverse court decisions, the victory at Standing Rock is a rare win for Native American religious freedom.

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:

Privacy: Use of Personal Email Debated in California Public Records Case [CNS, 12/7/16]: California’s high court grappled Wednesday with just how much privacy a public employee can expect when using a personal phone or email account to discuss work matters, in the city of San Jose’s challenge of whether the California Public Records Act should apply to unofficial texts and emails that pertain to the people’s business.

St. Cloud couple file suit so they can deny wedding services to same-sex couples [St. Cloud (MN) Times / Reuters, 12/7/16]:  Business wants only heterosexual customers.

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

If feds try to ID deportable immigrants using Cal data, state will block access [CalMatters, 12/7/16]: Ever since Maribel Solache began teaching her own version of driver's ed in Spanish two years ago, the classes—held around San Diego County —have been jammed. She estimates she’s helped some 3,000 students earn their licenses. But lately, apprehension has smothered that enthusiasm.


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