Posts for January 11, 2017
These are the posts
that are accumulated in our weekly newsletter which goes out throughout the
school year. The posts are organized by the major units in our Constitutional 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:
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]
Lawsuits over Trump
business threaten to tie up presidency [AP, 1/10/17]: As
a businessman, Donald Trump has kept the courts busy. That's hardly likely to
change when he enters the Oval Office, creating an unusual and potentially
serious problem for a sitting president.
Trump Denounces
‘Secret Dossier’ Reports in News Conference [CNS, 1/11/17]: Today’s news
conference is reviewed.
Jeff Sessions Says Decision Allowing Abortion Deserves
Respect And Will Be Followed [BuzzFeed,
1/10/17]: Despite calling the federal legalization of abortion 'one of the
worst, colossally erroneous Supreme Court decision of all time,' Sessions said
he would 'respect' it.
True Lies [Slate
/ The Marshall Report, 1/10/17]: There was one moment in Jeff Sessions'
confirmation hearing that revealed why so many are so terrified of him.
Transcript of President Obama's farewell speech [CalBuzz,
1/11/17]: All of us have more work to do. After all, if every economic issue is
framed as a struggle between a hard-working white middle class and undeserving
minorities, then workers of all shades will be left fighting for scraps while
the wealthy withdraw further into their private enclaves.
Trump confronts firestorm over Russia allegations [Politico,
1/11/17]: Although the details of these revelations remain murky and
unverified, their publication Tuesday night, on the eve of Trump’s first news
conference since July, is upsetting any post-election honeymoon and forcing him
to confront what is, at best, an uncomfortable public relations fiasco and
potentially a new geopolitical pressure point that could cast a shadow on his
incoming administration.
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:
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
Is It “Reasonable”
For Police to Kill Dogs in the Homes that they Search? [Justia, 1/11/17]: Professor Colb critiques a
decision by the U.S. Court of Appeals for the Sixth Circuit holding that it was
reasonable for police officers to kill two dogs in a home they searched. Colb first
explains the facts behind the case and then argues that the police should have
asked the dogs’ owner to subdue the dogs prior to the search, and that not
doing so was unreasonable and led to the unnecessary killing of the dogs.
Colorado official proposes refunds for exonerated
defendants after harsh questions by Supreme Court [Denver Post, 1/11/17]: U.S. Supreme Court hears
appeal on state's rule requiring lawsuits to get money back
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:
Federal
Appeals Court: Artistic Expression Can’t be Used to Punish Defendant [Newseum,
1/11/17]: The court held that a defendant’s musical lyrics, which referenced
violence and drugs, could not be used as objective evidence of his motive for
unlawfully possessing a machine gun.
The
1st Circuit opinion in U.S. v. Alvarez-Nunez can be found
at:
The Trouble With Publishing the Trump Dossier [The
Atlantic, 1/11/17]: There’s no set of rules for when to publish and not to
publish an explosive, sensitive story—decisions are made with limited
knowledge, and the full impact is often only felt after the fact. Even granting
those limitations, BuzzFeed’s decision to publish a dossier full of serious
accusations against President-elect Donald Trump on Tuesday raised serious
questions.
Blow to political speech: Federal appeals court restricts
robocalls [FAC, 1/10/17]: Patriotic Veterans of Indiana failed to persuade the
7th Circuit U.S. Court of Appeals that the the state’s ban on robocalls stifled
political speech.
Trump asks Congress to investigate leak of intelligence
briefing to NBC [FAC, 1/10/17]:
President-elect Donald Trump asked Congress to investigate a leak to NBC prior
to his receiving the information in an intelligence briefing.
Cash Discounts, Credit
Surcharges and Free Speech [Bloomberg / USA Today / Reuters,
1/10/17]: n New York and nine other states,
merchants are barred from charging credit-card purchasers a surcharge, but are
allowed to offer discounts for paying in cash. The U.S. Supreme Court on
Tuesday took up the fascinating question of whether this requirement violates
the merchants’ freedom of speech.
Read about Expressions
Hair Design v. Schneiderman:
Trump Tweet Target Cannot Sue for Defamation [CNS,
1/11/17]: A veteran Republican political
commentator cannot sue President-elect Donald Trump for calling her a “dummy”
on Twitter and portraying her as a spurned job seeker who criticized him only
after she wasn’t hired as his communications director, a New York judge ruled.
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:
North Dakota rejects
changes to reflect gay marriage ruling [AP, 1/10/17]: North
Dakota's Republican-led Senate rejected a measure Tuesday that would have
changed state law to reflect the U.S. Supreme Court's decision that same-sex
couples have the right to marry.
Texas Supreme Court case
revives past improper admissions practices at UT [Houston Chron, 1/10/17]:
Top University of Texas at Austin leaders in
recent years admitted unqualified students after high-profile alumni and
influential lawmakers wrote recommendation letters on their behalf.
Colorado at center of
Supreme Court case that examines standards for special-needs students
[Denver Post, 1/10/17]: A dispute over the
education of an autistic student from Colorado will get a hearing Wednesday
before the U.S. Supreme Court in a case that could impact how parents and
public schools nationwide teach children with special needs.
International Law, Citizenship
and Immigration [TOPIC 40-42]
Argument analysis:
Court unlikely to resolve complex issues about scope of sovereign and tribal
immunity [SCOTUS blog, 1/10/17]: The case
involves a car accident in Connecticut in which the defendant was an employee
of an Indian tribe, which asserted a defense of sovereign immunity. The case
exposes some interesting problems in the court’s jurisprudence regarding
sovereign immunity generally, the characterization of claims for sovereign
immunity purposes and the scope of Indian tribe immunity.
No comments:
Post a Comment