Posts for May 31, 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:
The Next Ginsburg and Scalia? [Slate, 5/30/17]: Supreme Court Justices Elena Kagan
and Samuel Alito look like they're becoming the best of frenemies.
Justices Block Deportation of Mexican
for Sex With Teen [CNS /
McClatchy / Jurist, 5/30/17]: An immigrant who is facing deportation for having consensual sex
with his underage girlfriend won a reversal Tuesday from the U.S. Supreme
Court.
Read the unanimous (8-0) opinion in Esquival-Quintana v. Sessions
at:
How Trump Gave the Supreme Court a Second Chance on
Japanese Internment [Politico,
5/30/17]: The president's travel ban gives Anthony Kennedy an opening to right
a historical wrong.
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]
White
House communications director resigns amid tensions [AP, 5/30/17]: The
departure of Michael Dubke, Trump’s communications director, comes as aides and
outside advisers say Trump has grown increasingly frustrated by allegations of
Russian meddling in the 2016 election and revelations of possible ties between
his campaign and Moscow.
Russia probe scares off potential appointees [Politico,
5/31/17]:President Donald Trump’s effort to fill hundreds of vacant jobs across
the federal government has hit a new snag: Russia.
A guide to the five major investigations of the Trump campaign’s
ties to Russia [Wash Post, 5/30/17]: All eyes are on Robert S. Mueller
III as he begins his role as special counsel, leading the Justice Department’s
probe into the Trump campaign’s possible ties to Russia. But that’s far from
the only investigation into Russian meddling in the 2016 election.
Kushner tries to pretend everything’s normal [Politico,
5/30/17]: Trump’s son-in-law is back in the West Wing and continuing to lead
meetings despite the rising tide of Russia-related questions.
Trump’s use of private cellphone raises security concerns [AP,
5/31/17]: President Donald Trump has been handing out his cellphone number to
world leaders and urging them to call him directly, an unusual invitation that
breaks diplomatic protocol and is raising concerns about the security and
secrecy of the U.S. commander in chief’s communications.
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:
Rural Californians fear concerns unheard by big-city
politicians [SF Chron, 5/30/17]: California’s long-struggling rural
communities are looking for less talk and more action from a state Legislature
dominated by big-city Democrats with few connections to the very different
problems of those living outside the state’s coastal megalopolises.
Legislation and the Legislative
Process (TOPIC 20)
School day wouldn't begin before 8:30 a.m. in California
under bill that clears the state Senate [LA Times, 5/30/17]: The legislation
by Sen. Anthony Portantino (D-La Cañada Flintridge) would not fully take effect
until 2020, and sparked a lively floor debate over the science on the sleep
patterns of middle and high school students, and whether they simply need to go
to bed earlier.
Threats of Violence End Texas Lege Session [CNS,
5/30/17]: A tense legislative session in Texas came to a head on its final day
Monday with a scuffle on the House floor, after a representative called immigration
officers on protesters and threatened to shoot one of his colleagues.
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
The Problem with the
Justice Department [The Marshall Project, 5/30/17]: It’s a building full of prosecutors.
Justices side with police in California shooting case [Jurist, 5/30/17]: A unanimous Supreme Court on Tuesday sided with
sheriff’s deputies in a legal dispute stemming from 2010, when an innocent
couple was shot while California deputies searched for a wanted man.
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:
First Amendment in the schools: Federal judge prevents
expulsion over ‘liking’ of racism on Instagram [FAC / EdLawProfs blog, 5/30/17]: A federal judge cited the First Amendment in ruling that the Albany
school district in California could not expel Kevin Chen for “liking” racist
images on Instagram.
America’s Love Affair
with Leaks [Newseum, 5/31/17]: The First Amendment’s protection of the free press makes it
easier for us to leak information.
Louisiana
Passes Bill to Protect Controversial Campus Speakers [Newseum,
5/31/17]: The bill will override public college restrictions on students
inviting provocative guests to share their views.
First Amendment Does
Not Protect Public Nudity, Says 9th Circuit [Newseum, 5/31/17]: Two years
ago, “body freedom activists” Oxane “Gypsy” Taub and George Davis brought two
lawsuits against the city of San Francisco in which they argued that the city’s
ban on public nudity violated their First Amendment right to free speech. The
first lawsuit was dismissed, but the city settled the second lawsuit for
$20,000 in June of 2015.
What Gianforte’s
Special Election Victory Teaches About Freedom of the Press [Justia, 5/31/17]: Professor Dorf comments on the recent election of Republican Greg Gianforte in
Montana, despite Gianforte’s being charged with misdemeanor assault for
body-slamming a reporter. Dorf considers the broader implications of voters’
apparent indifference to the assault.
Oregon ACLU: Attempt to Quash Alt-Right Rallies Would Violate
First Amendment [Concurring Opinions, 5/30/17]: In the aftermath of a brutal anti-Muslim
attack involving the slaying of two men and the serious injury of a
third, Portland Mayor Ted Wheeler declared that “[o]ur
city is in mourning, our community’s anger is real.” Because of that, Wheeler
asked the federal government to revoke permits for two free speech rallies
slated for next week by right-wing groups.
Nations differ in tolerance for
publishing of government secrets [FAC, 5/30/17]: The New York
Times was widely criticized for publishing leaked information and photos about
the suicide bombing attack in Manchester. The British said the publication hurt
the investigation and showed no respect for the families of the victims.
Anti-abortion foes defy federal
court order in releasing banned videos [FAC, 5/30/17]: A district
federal judge ordered the employees of the anti-abortion Center for Medical
Progress to show cause why they should not be held in contempt for their
violation of his order not to publish videos shot illegally at the National
Abortion Federation's annual meetings.
'Pink slime' defamation
trial set to start in South Dakota [AP, 5/31/17]:
Jury selection starts Wednesday in a more than $1 billion defamation case over
ABC news reports on a South Dakota meat producer’s lean, finely textured beef
product, which critics have dubbed “pink slime.” The trial in state court is
scheduled to last until late July.
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: How
Congress dismantled federal Internet privacy rules [Wash Post,
5/29/17]: Congressional Republicans knew their plan was potentially explosive.
They wanted to kill landmark privacy regulations that would soon ban Internet
providers, such as Comcast and AT&T, from storing and selling customers’
browsing histories without their express consent.
New York's high court
hears physician-assisted suicide case [AP / Albany (NY) Times Union
/ CNS, 5/30/17]: New York state’s highest court
took up the contentious and emotional debate over physician-assisted suicide on
Tuesday, hearing arguments in a case filed by terminally ill patients who want
the right to request life-ending drugs from their physicians.
7th Circuit Appeals Court Rules for Transgender Student on Restroom Use
[School Law Blog / The Hill / AP / Huff Post, 5/30/17]: The court rules that barring the transgender student from using
the boys' restroom violates Title IX and the equal-protection clause of the
U.S. Constitution.
http://www.huffingtonpost.com/entry/ashton-whitaker-appeals-court-ruling_us_592dcee7e4b0c0608e8c167e
Read the unanimous decision
in Ashton
Whitaker v. Kenosha Unified School District at:
International Law, Citizenship
and Immigration [TOPIC 40-42]
'Even the good hombres are not safe' [AP, 5/30/17]: 9th U.S. Circuit Court of Appeals
Judge Stephen Reinhardt slams Trump deportations.
Australia to ban pedophiles
from traveling overseas [Jurist, 5/30/17]: An Australian official
announced plans Tuesday to introduce new legislation that will prevent
registered sex offenders from traveling overseas in an effort to prevent
pedophiles from taking part in child sex trafficking.
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