Thursday, April 6, 2017

Posts for April 6, 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.

Law Day 2017 Resources and Event Calendar [ANA, 4/6/17]: The ABA provides resources at www.lawday.org to help educators and legal professionals speak about and teach the fundamentals of the Fourteenth Amendment, including citizenship, due process, and equal protection. Download free materials:
2017 Planning Guide:
2017 theme artwork:

Civics 101 [ABA, 4/6/17]: Ever wonder what a White House Chief of Staff actually does? How about a Press Secretary? And is gerrymandering still a thing in this country? The first 100 days of the Trump administration is the perfect time to bone up on civics you should have learned in school...but probably didn't. Civics 101 is your podcast guide to what you need to know, when it matters most.


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, Interrupted: The Effect of Gender, Ideology and Seniority at Supreme Court Oral Arguments [SSRN / SCOTUS blog, 4/6/17]: This Article studies how the justices compete to have influence at oral argument, by examining the extent to which the Justices interrupt each other; it also scrutinizes how advocates interrupt the Justices, contrary to the rules of the Court. 

Want to visit SCOTUS? Gird for battle, bring cash, hydrate at your own risk [SCOTUS blog, 4/5/17]: After a class visit to America’s highest court in late March, my students lamented how steep an incline members of the public face just to get a glimpse of the justices in action.

Supreme Court's Decision About Printer Cartridges Could Have Big Consequences [NPR’s “Morning Edition,” 4/6/17]: A case about reselling printer cartridges has landed in front of the Supreme Court. The Court's decision could have big implications for a whole slew of consumer products, from computers to cars.

Gorsuch nomination and hearings
This is what happens next [CNN, 4/6/17]: Republicans didn't get the 60 votes (we just cleared the 11 a.m. hurdle on this chart below). But it's not time for the nuclear option just yet. Here's what happens now in this process.

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]

Trump's hidden backchannel to Justice Kennedy: Their kids [Politico, 4/6/17]: As White House pushes to confirm Neil Gorsuch, Trump readies lower court picks as they await the next high court vacancy.

Swalwell dares Trump: Declassify the surveillance documents [Politico, 4/6/17]: A Democrat on the House panel investigating Donald Trump’s ties to Russia is issuing an ultimatum: If the president is going to accuse members of the Obama administration of breaking the law, he should prove it. “If the president wants to say that Susan Rice committed a crime, he has the power to declassify. No one else does,” Rep. Eric Swalwell of California said Wednesday. 

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:

Polling in the 2016 Election and What it Means Going Forward [Sabato’s Crystal Ball, 4/6/17]: Examining the implications for public opinion surveys beyond the horse race.

Legislation and the Legislative Process (TOPIC 20)

Devin Nunes, Embattled House Intelligence Committee Chair, Steps Aside [CNS / CNN, 4/6/17]: Rep. Devin Nunes, the Republican chairman of the House Intelligence Committee, said Thursday morning he will temporarily step aside from the panel’s probe of Russian meddling in the 2016 election.

House GOP mulls emergency meeting to push Obamacare repeal [Politico, 4/5/17]: House Republicans are considering an emergency committee meeting Thursday to keep their Obamacare replacement plan afloat, sources told Politico — a last-minute decision that comes just as the GOP repeal effort was seen as all but dead for the foreseeable future.

Good Riddance to the Filibuster [The Atlantic / Nina Totenberg on NPR / C-SPAN, 4/5/17]: If the Democrats use the filibuster to protest Neil Gorsuch's nomination, it might be the only constructive purpose the practice has ever served.

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

States Find Other Execution Methods After Difficulties With Lethal Injection [NPR’s “Morning Edition,” 4/6/1`7]: Death penalty laws are on the books in 31 states, but only five carried out executions last year. Now Arkansas is rushing to execute death row inmates at an unprecedented pace this month, before the state's supply of lethal drugs expires.

The Supreme Court Rejects Fake Facts in Capital Cases [Justia, 4/6/17]: Professor Colb considers one recent instance in which the U.S. Supreme Court endorsed a standard because it was factually more accurate than a prior standard, and several other instances in which the Court has done the opposite. Colb points out that, unfortunately, the law often seeks facts that facilitate a desired outcome rather than facts a more just or correct outcome.

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:

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:

A Judicial Battle Royal At The Seventh Circuit — And Judge Posner’s Favorite Gays Of All Time [“Above the Law” blog, 4/5/17]: SCOTUS shortlisters and other luminaries of the federal judiciary duke it out in a landmark case.

The shrewdness of Judge Wood's opinion in LGBT workplace bias case [“On the Case” blog, 4/5/17]: By grounding the opinion in U.S. Supreme Court precedent, insisting that the 7th Circuit is merely interpreting the statute Congress wrote and explaining why two different Lambda theories lead to the same conclusion, Judge Wood is giving the next court to look at this issue all kinds of justifications to go along with the 7th Circuit.

International Law, Citizenship and Immigration [TOPIC 40-42]

UN Security Council holds emergency talks after suspected chemical attack in Syria [Jurist, 4/6/17]: The UN Security Council conducted emergency talks on Wednesday regarding an alleged chemical attack in Syria that killed numerous civilians.


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