Posts for February 24, 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:
Not best of
times for US -- Supreme Court Justice Ginsburg [BBC News /
Bloomberg, 2/23/17]: Speaking to BBC
Newsnight in a rare interview, Justice Ginsburg reiterated the importance of
the free press.
History Will Judge: A Look at Garland's Nomination in
Polarized Washington [The Politic
(Yale), 2/23/17]: The GOP's obstruction of Garland was genuinely unprecedented
and a threat to the institutional integrity of the Supreme Court.
Six Questions Senators Should Ask Neil Gorsuch [The New Yorker, 2/22/17]:
Ted Cruz predicts a
Supreme Court vacancy by this summer; does he know something we don't? [ABA
Journal / Wash Times, 2/23/17]: The Republican
senator from Texas made his prediction at the Conservative Political Action
Conference.
Considering the Nomination
of Neil Gorsuch to the Supreme Court [American Constitution Society, 2/23/17]: Caroline Fredrickson, President, American Constitution
Society for Law & Policy, hosts a panel discussion.
When Justices Recuse, and
When they Refuse [Empirical SCOTUS blog, 2/23/17]: This
post evaluates the nearly 90 times since October Term 2005, that justices of
the Supreme Court have recused themselves from cases at the merits
stage.
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:
Md. appeals court upholds 'assault weapon' ban: a new
challenge to scope of Second Amendment? [CSM / National Review, 2/23/17]: A federal appeals court in Maryland
has upheld a law banning military-style weapons; If the case goes before the
Supreme Court, justices will have to confront whether the weapons deserve protection
under the Second Amendment.
California moves to pre-empt Trump on environment,
endangered species [Politico, 2/23/17]: Needling President Donald
Trump and bracing for a rollback of Obama-era environmental protections,
Democrats in the nation’s most populous state are launching a preemptive
strike.
The
American Presidency [TOPIC 15]
What Are We to Make
of the First Month of the New Trump Administration in Constitutional
Perspective? [Justia. 2/24/17]: Professor Amar
provides answers to some common questions about the Trump Administration from a
constitutional perspective.
White House adviser asked FBI to dispute Russia reports [AP,
2/23/17]: White House chief of staff Reince Priebus asked a top FBI official to
dispute media reports that President Donald Trump's campaign advisers were
frequently in touch with Russian intelligence agents during the election, a
White House official said late Thursday.
Obama lawyers form 'worst-case
scenario' group to tackle Trump [Politico, 2/23/17]: Fearful the new administration will abuse its power,
the former president’s lawyers are uniting to fight back.
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
Justice Department
reinstates policy allowing private prisons to house federal inmates [ABA
Journal, 2/23/17]: Attorney General Jeff
Sessions on Thursday withdrew a memo issued last year that had ordered the
phase-out of privately operated federal prisons. Sessions issued a new memo that questioned the wisdom of the phase-out
and said the Bureau of Prisons should "return to its previous
approach."
The Man Arrested for
Praising Jesus [The Marshall Project, 2/20/17]: Lester Packingham’s Facebook post is headed for the Supreme Court
Dog The Bounty Hunter And A Top Conservative Lawyer
Are Trying To Save The Bail Industry
[Huff Post, 2/23/17]: A federal appeals court heard arguments on Thursday in a
case that could shape the future of bail in the U.S.
The Case of Duane
Buck [The Marshall Project, 2/22/17]: Was he sentenced to death “because he
is black”?
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:
How Trump is challenging the media to redefine
its role [CSM, 2/21/17]: Even though public trust in the media
is at a low time low, Trump’s attacks and decisions have sparked a boom for the
mainstream media who report spikes in subscriptions and donations.
Docs vs. Glocks Shows the Threat to Free Speech
is the Pro-Gun Right [Slate, 2/22/17]: In recent years, most states have been clever enough to dress up
unconstitutional statutes in pretext that might just fool courts into affirming
their legality. But apparently the Florida legislature did not get this memo,
because in 2011, the state passed a law that did not really pretend to be
anything other than what it was: a blatant act of censorship.
OCC rescinds suspension of student who recorded teacher's
anti-Trump comments [OC Register, 2/23/17]: Orange Coast College will
lift its suspension and other sanctions against a student who secretly
video-recorded an instructor making anti-Trump statements.
Harvard tops list of top 10 worst colleges for free
speech [FAC, 2/23/17]: FIRE published its
list of the 10 worst colleges for free speech in 2017. It based its rankings on
speech codes adopted by each college. Heading the list are academic
strongholds, Harvard, Williams and Georgetown. Also included on the list are
Northern Michigan, Cal State Los Angeles, Fordham, Oregon, Cal State Long
Beach, South Carolina and DePaul.
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:
Arkansas Supreme Court reverses decision on
Fayetteville civil rights ordinance [Fayetteville Flyer / Reuters / Jurist, 2/23/17]: The Arkansas Supreme
Court today reversed a circuit court decision to uphold Fayetteville's civil
rights ordinance.
When hugging creates a sexually hostile work
environment [9th Circuit,
2/23/17]: The panel held that hugging can create a hostile or abusive workplace
when it is unwelcome and pervasive.
The case is Zetwick v. Yolo and
can be found at:
Federal judge blocks California age discrimination law [Jurist, 2/23/17]: The injunction temporarily prevents
the enforcement of AB 1687, a California law designed to prevent age
discrimination by stopping sites like IMDb from releasing the ages of actors.
Trump's transgender move
puts spotlight on Supreme Court case [Reuters, 2/23/17]: The Trump
administration’s move on Wednesday to rescind guidance allowing transgender
students to use the bathrooms of their choice has raised the stakes for an
upcoming U.S. Supreme Court case that could deliver a landmark decision on the
issue.
California legislators reassure transgender students of
protections, denounce Trump [EdSource, 2/23/17]: A day after the Trump
administration rescinded federal protections that allowed transgender children
and youth to use the school bathroom of their choice, members of the California
Legislative LGBT Caucus on Thursday told those students that they are legally
protected and welcome to be themselves in California schools.
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