Saturday, July 15, 2017

Posts for July 15, 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:

Plot Thickens on Class Member Test Awaiting SCOTUS Eye [Bloomberg, 7/13/17]: Two federal appeals courts may have muddied the waters on the test for class action membership even further—just in time for the U.S. Supreme Court to decide whether to take up the issue.

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 faces obstacles in bid to re-shape key U.S. courts [Reuters, 7/14/17]: President Donald Trump's effort to reshape influential U.S. courts by stocking them with conservative judges faces at least one significant impediment: some of the courts best placed to thwart his agenda have liberal majorities that are likely to stay in place in the short-term.

Trump Administration Asks Supreme Court To Reverse New Limits On Travel Ban [Buzzfeed / Jurist, 7/14/17]: A federal judge in Hawaii on Thursday has provided protections from the travel ban for grandparents and some other family members, as well as additional refugee protections.

U.S. officials probing Russian lobbyist who met Trump team [Politico, 7/14/17]: U.S. officials are examining what role a Washington-based lobbyist who they consider a Russian intelligence operative may have played in a controversial June 2016 meeting he attended between Donald Trump Jr. and a Russian lawyer.

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:

Lampkin v. Connor [Gerard Magliocca in Concurring Opinions, 7/14/17]: “I am working away on my draft paper arguing that the congressional reapportionment process is unconstitutional under Section Two of the Fourteenth Amendment. In the course of my research, I’ve uncovered a fascinating unknown (or at least unheralded) story about the Civil Rights Movement.

Legislation and the Legislative Process (TOPIC 20)

Senate Health Care Bill Revisions Released In Attempt To Appease GOP Critics [NPR / Jurist, 7/13/17]: The new version comes after the Congressional Budget Office found that the original BCRA would in the next decade increase the uninsured population by 22 million over what it would otherwise be. Senate Majority Leader Mitch McConnell had hoped for a vote before July 4, but was forced to delay that because he couldn't garner the 50 votes he needed among the 52 GOP senators.

Here are the hidden horrors in the Senate GOP's new Obamacare repeal bill [LA Times, 7/14/17]: Senate Republicans unveiled a new, “improved” version of their Affordable Care Act repeal bill Thursday, so the treasure hunt is on: the search for provisions so horrifically inhumane that they’ve had to be concealed deep in the measure’s legislative language and procedural maze.

Barbara Lee fights for new debate over war on terror as House leadership stonewalls [SJ Mercury News, 7/15/17]: Rep. Barbara Lee last month reached a major milestone in her 16-year fight to repeal a key authorization for the war on terror when a congressional committee unexpectedly approved her amendment to repeal it.

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

When a Witness Confronts the Accused: Is a Courtroom I.D. Fair? [Marshall Project, 7/14/17]: So far, two states say not always, and try to limit the practice.

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:

Rowan County commissioners' prayer practices again ruled unconstitutional [Salisbury (N.C.) Post / AP, 7/14/17]: By a 10-5 count, a federal court on Friday ruled that Rowan County commissioners' prayer practices from 2007 to 2013 were unconstitutional.

Court sides with NY archdiocese in major religious liberty decision [Catholic News Agency / School Law Blog, 7/14/17]: A federal court ruled Friday that the Archdiocese of New York had the right not to [re]hire a diocesan school principal in a First Amendment religious freedom decision.

Podcast: The Band that Must Not Be Named [Newseu, 7/14/17]: In this episode of The First Five we talk to Simon Tam, founder of Asian-American band “The Slants,” and his free speech case that went all the way to the Supreme Court. 

Some Aspects of the Matal v. Tam Trademark Case That Would Have Benefitted from More Explanation [Justia, 7/14/17]: Amar comments on the U.S. Supreme Court’s recent decision in Matal v. Tam, in which the Court struck down as unconstitutional part of the federal trademark registration statute that prohibits registration of disparaging marks. Amar points out that the Court’s decision in Matal is difficult to square with its reasoning and holding in Walker v. Texas Division, Sons of Confederate Soldiers, a case from two years ago in which the Court upheld Texas’s refusal to approve a specialty license plate design that made extensive use of the Confederate flag image.

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:

Richland floral shop owner wants U.S. Supreme Court to review discrimination ruling [Kennewick (WA.) Tri-City Herald, 7/14/17]: Barronelle Stutzman is taking the discrimination case against her Richland flower shop to the U.S. Supreme Court.

U.S. Court of Appeals upholds Wisconsin's 'right-to-work' law [Milwaukee Journal Sentinel, 7/12/17]: A federal appeals court on Wednesday upheld Wisconsin's law that bars collective bargaining agreements requiring workers to pay union fees. 

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

First war-court hearing on U.S. soil stops before it even gets started [Miami Herald / Reuters, 7/12/17]: A hearing to determine the status of a freed al-Qaida war criminal stalled Wednesday over a question of which Pentagon-paid defense lawyers can defend the Sudanese man who emerged as an al-Qaida affiliate spiritual leader several years after his release from Guantánamo.


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