Wednesday, July 12, 2017

Posts for July 12, 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:

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:

US consumer agency moves to ban mandatory arbitration [Jurist, 7/12/17]: The Consumer Financial Protection Bureau (CFPB) announced a new rule Monday, banning mandatory arbitration clauses in consumer agreements. The CFPB explained that mandatory arbitration agreements can prevent class action lawsuits and perpetuate harmful practices. 

California Moves to Lock Pre-Trump Environmental Standards [CNS, 7/11/17]: In an effort to thwart President Donald Trump’s campaign promise to reduce or eliminate environmental regulations that some Republicans believe stifle business, California Democrats advanced a bill to lock in federal standards as they existed on the day before Trump took office.

The American Presidency [TOPIC 15]

‘Category 5 hurricane’: White House under siege by Trump Jr.’s Russia revelations [Wash Post, 7/12/17]: The White House has been thrust into chaos after days of ever-worsening revelations about a meeting between Donald Trump Jr. and a lawyer characterized as representing the Russian government, as the president fumes against his enemies and senior aides circle one another with suspicion, according to top White House officials and outside advisers. The disclosure that Trump Jr. met with a Russian attorney, believing he would receive incriminating information about Hillary Clinton as part of the Kremlin’s effort to boost his father’s candidacy, has set back the administration’s faltering agenda and rattled the senior leadership team.

Scholars: Trump Jr. seems to have acted illegally [SF Chron, 7/11/17]: It’s illegal for a U.S. political campaign to ask a foreign person or government for “anything of value” — and that’s what Donald Trump Jr. appears to have done in agreeing to meet with a Russian government lawyer during his father’s presidential campaign, legal and ethics scholars said Tuesday.

The Definition of 'Emolument' in English Language and Legal Dictionaries, 1523-1806 [SSRN, 7/1/17]: Worth a read:  fascinating legally-relevant article.

President Trump's controversial conservatives vie for federal courts [USA Today, 7/11/17]: Blogging under a pseudonym in 2008, Kentucky attorney John Bush opined that 'it makes a difference who wins elections' because 'it makes an awful lot of difference who appoints judges.'


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:

Can a Presidential Candidate Get Away With Defamatory Lying? [Justia, 7/12/17]: Professor Dorf analyzes the arguments made by Donald Trump’s lawyers in defending against Summer Zervos’s defamation suit against him, specifically the argument that Trump’s comments were mere “hyperbole” and “fiery rhetoric,” which, in the context of a presidential campaign, do not amount to defamation under state law. Dorf argues that existing law already offers politicians some protections against frivolous lawsuits, and what Trump’s lawyers are asking for is essentially a license for a candidate to lie about anyone and anything so long as the controversy has some connection to politics.

Legislation and the Legislative Process (TOPIC 20)

Cap-and-trade deal heading for showdown [Capitol Weekly / SF Chron, 7/11/17]: A hotly disputed agreement to extend California’s cap-and-trade program to 2030 partly reflects the power shift under way in the Legislature in which moderate, business-friendly Democrats are increasingly flexing their political muscle. 

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

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:

Twitter users blocked by Trump sue for First Amendment violation [Jurist, 7/11/17]: The group, represented by the First Knight Amendment Institute and Columbia University, argue that Trump's account serves as a public forum that "has become an important source of news and information about the government, and an important public forum for speech by, to, and about the President" and individuals who are "blocked from the account are impeded in their ability to learn information that is shared only through that account."

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:

Most Americans Concerned With Cyber Harassment [CNS, 7/11/17]: Most Americans say online harassment is a significant problem but are divided when it comes to balancing the right to free speech with the right to peruse the internet free from harassment.


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