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.
http://www.sctimes.com/story/news/local/2016/12/06/business-sues-state-over-same-sex-rules/95038270/
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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