Thursday, April 13, 2017

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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