Friday, March 10, 2017

Posts for March 10, 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.

Little impact expected on California as Congress rescinds school accountability rules [EdSource, 3/9/17]: The U.S. Senate followed the House’s lead Thursday and, on a mostly partisan vote, narrowly rescinded regulations that strengthened provisions of the Every Student Succeeds Act holding schools accountable for improving student performance. The action removes one uncertainty among a constellation of larger ones facing California education officials as they await the Trump administration’s expected budget cuts and policy shifts.

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:

Justice Sotomayor laments perception of judges as political [AP, 3/10/17]: U.S. Supreme Court Justice Sonia Sotomayor said Thursday that she was saddened to see many people have lost confidence in judges and believe they are political.

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:

Descendant of SCOTUS justice publicly apologizes for Dred Scott opinion [ABA, 3/8/17]: Descendants of Dred Scott and Roger Brooke Taney—the U.S. Supreme Court justice who wrote for the majority in the 1857 opinion that found black people were not citizens and had no rights to sue for freedom—came together this week in Annapolis to share a story of reconciliation.

The American Presidency [TOPIC 15]

Growing signs of trouble for Trump’s border wall [Politico, 3/9/17]: Illegal crossings are down. Trump’s budget chief suggests the project is hardly underway. And powerful Republicans are voicing reservations. 

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:

Tech workers electing to use skills in politics [SF Chron, 3/9/17]: Mike Levin, a new Congressional candidate in a Southern California swing district, wants to do everything he can to beat the incumbent Republican in 2018 — and to do so, he said, a strong digital and social media presence is key.

Profitable Companies, No Taxes: Here’s How They Did It [NY Times, 3/9/17]: Complaining that the United States has one of the world’s highest corporate tax levels, President Trump and congressional Republicans have repeatedly vowed to shrink it. Yet if the level is so high, why have so many companies’ income tax bills added up to zero? That’s what a new analysis of 258 profitable Fortune 500 companies that earned more than $3.8 trillion in profits showed.

Legislation and the Legislative Process (TOPIC 20)

Mitch McConnell Is Glad He Played Politics With The Supreme Court [BuzzFeed, 3/9/17]: 'As you know, I played arguably the single biggest role in having the vacancy there,' McConnell said, adding that having an open Supreme Court spot helped Republicans win the White House.

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

Afraid of Jail? Buy an Upgrade [Marshall Project, 3/9/17]: How California's pay-to-stay jails create a two-tiered justice system.

How Race Changes Things: The Supreme Court’s Decision in Buck v. Davis [Justia, 3/10/17]: Professor Colb examines the how ineffective assistance of counsel and equal protection interact in cases involving race to produce results different from what might result from similar cases not involving race.

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 circuit court limits protests on Supreme Court buildings and grounds [FAC, 3/9/17]: The D.C. U.S. Circuit Court of Appeals upheld a ban on “harange or oration, or…loud, threatening or abusive language in the Supreme Court Building or grounds.” The district court ruled that the language of the ban was vague, but the D.C. Circuit said the intent was to prohibit speech that could “disturb the operations and decorum of the Court.”

Wikileaks release of CIA document poses problems for press [FAC, 3/9/17]: Journalists are challenged to make sure all the documents are authentic and to assess the origin of the leaks and possible motives if foreign powers are doing the hacking.

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: Bill would strip privacy protections from California students and teachers [SJ Merc, 3/9/17]: In 2015 Gov. Jerry Brown signed a bill that prohibited California police and other state agencies from searching our phones and online accounts without our consent, a court order, or showing it is an emergency. That measure, the California Electronic Communications Privacy Act, affords Californians basic Fourth Amendment protections when it comes to digital data. But a bill now before the state legislature would take away those rights from students and staff at California’s public schools.

What Is an "Appropriate" Education for Students with Disabilities?; The Court Will Tell Us Soon [EdLawProfs blog, 3/10/17]: Just how much must a school district do to support the educational opportunity of a disabled student? Just enough to enable that student to get something, anything, out of the education provided? Or enough to enable that student to thrive, to excel?




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