Posts for April 13, 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:
If Gorsuch is like his colleagues, he'll constantly
interrupt the female justices [Wash
Post, 4/12/17]: At the Supreme Court, men talk over women; The reverse almost
never happens.
For Neil Gorsuch, Supreme
Court job may seem subordinate [USA Today, 4/13/17]: Newly minted Supreme Court Justice Neil Gorsuch will take his
place Thursday inside the storied conference room where his eight
colleagues have labored shorthanded for the past 14 months. But he'll likely
have one eye on the door. He gets to open the door whenever a law clerk has retrieved
a fellow justice's reading glasses, or a legal brief, or a cup of coffee.
The Broken Supreme Court [Linda
Greenhouse in the NY Times, 4/13/17]: When he was discussing military
strategy or diplomacy, Gen. Colin Powell, the former secretary of state, liked
to invoke what he called the Pottery Barn rule: “If you break it, you own it.”
Well, the Republicans broke the Supreme Court confirmation process. Now they
own the Supreme Court.
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:
In Consumer Bureau
Showdown, it's Trump's DOJ versus . . . Trump's DOJ [“Take care” blog, 4/11/17]: When historians look back on the Obama era’s
legislative achievements, it’s likely that the Affordable Care Act will take
top billing, followed closely behind by the Dodd-Frank Wall Street Reform Act
of 2010 and its crown jewel: the Consumer Financial Protection Bureau.
The
American Presidency [TOPIC 15]
Trump shifting positions at breakneck pace [Politico,
4/12/17]: On everything from NATO to health care, Trump has demonstrated a
willingness to bend his views. But there’s one flip-flop he won’t make.
Obsolescence
Watch–Clinton v. Jones [Gerard
Magliocca in Concurring Opinions, 4/13/17]: Consider this passage in light of
the litigation pending against the President and what will surely be filed over
the next couple of years: “[I]n the more than 200-year history of the Republic,
only three sitting Presidents have been subjected to suits for their private
actions. If the past is any indicator, it seems unlikely that a deluge of such
litigation will ever engulf the Presidency.”
Trump Praises NATO, Walking Back Criticism [CNS, 4/12/17]: President Donald Trump on Wednesday walked back
criticism he lobbed at NATO on the campaign trail, calling it an “enduring
partnership” that will help the United States fight international terrorism.
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:
Special Circumstances
[Sabato’s Crystal Ball, 4/13/17]: Georgia’s Sixth District and the dangers
of overinterpreting special elections.
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
Ohio asks appeals court to
review lethal injection process [AP, 4/12/17]: State
lawyers want an entire appeals court to review Ohio's new and twice-rejected
lethal injection process as the state struggles to resume executions.
About the Gun-toting,
One-legged Kentucky Woman Seeking Justice... [Marshall Project, 4/12/17]: ...and the detective she says cooked the case.
Civil Rights Groups Block School Cellphone Search Bill
[CNS, 4/13/17]: Hampered by widespread resistance from civil rights groups,
backers of a bill that would allow California teachers and principals to search
students’ cellphones pulled their proposal Wednesday. This is AB 165.
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:
Court revives harassment
lawsuit over blog posts, menacing free speech [“Liberty Unyielding” blog, 4/13/17]: A recent ruling by the Third Circuit Court of Appeals
menaces free speech in condominiums, apartment buildings, and the Internet. It
allowed individual bloggers to be sued because their blog posts allegedly
created a “hostile housing environment” for condo residents who kept
emotional-support dogs despite the condominium’s no-dogs rule.
States consider harsh internet porn censorship law [FAC, 4/13/17]: A number of state legislatures are considering a law
that would put a pornography filter on laptops, cellphones and routers
connected to the internet and levy a $20 tax to remove it.
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:
Uneasy Riders [Marshall
Project, 4/12/17]: The passenger was ordered to move and refused. The rule was
grossly unfair, yet the carrier within its rights to enforce it. The traveler’s
belligerence may have added fuel to the fire, though by no means could he have
anticipated its horrifying outcome. There were racial overtones. And fellow
travelers who witnessed it expressed outrage and shock. A description of United
Airlines Flight 3411 on April 9, 2017? Yes — but also of the Savannah Special
over the rails of North Carolina, 70 years earlier, almost to the day.
How Courts Avoid Ruling on Issues of Privacy [Slate, 4/12/17]: When it comes to technology privacy
cases, judges often focus on side issues instead of tackling the big questions.
New Biography of Pauli Murray [Gerard Magliocca in Concurring Opinions, 4/12/17]: “Throughout her prodigious life, activist and lawyer
Pauli Murray systematically fought against all arbitrary distinctions in
society, channeling her outrage at the discrimination she faced to make America
a more democratic country.” Should be a great read.
Fourth Circuit
Vacates the Order Protecting Gavin Grimm, But Casts Him As a Modern Human Rights
Leader [EdLawProfs blog, 4/12/17]: The Fourth
Circuit has vacated the injunction that was securing Gavin Grimm's access to
facilities consistent with his gender in Gloucester County Schools. Less
than a year ago, it seemed Grimm's case was set to open doors for others across
the country.
International Law, Citizenship
and Immigration [TOPIC 40-42]
Russia blocks UN condemnation of Syria gas attack [Jurist,
4/13/17]: Russia vetoed a United
Nations Security Council (UNSC) resolution on Wednesday that would have
condemned Syrian president Bashar
al-Assad’s use of neurologic gas
against the Syrian town Khan Sheikhoun on April 4.
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