Wednesday, July 5, 2017

Posts for July 5, 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.

The Star-Spangled Banner Verse You've Probably Never Heard [NPR, 7/4/17]: Many Americans have no idea there are actually four official verses to the "Star-Spangled Banner" — and even fewer know about a little-known, unofficial fifth verse, written a half century later by poet Oliver Wendell Holmes. It goes like this ….

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:

Little guys' won big at Supreme Court this year [USA Today, 7/4/17]: One of the toughest criticisms leveled against Supreme Court Justice Gorsuch during his confirmation hearings in March was that he frequently ruled against the "little guy."  Not so the Supreme Court — at least, not so much this year.

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 Second Amendment Issue the Supreme Court Can't Avoid [Politico, 7/4/17]: The court chose not to hear a major case on concealed weapons, but pressure is mounting to remove state barriers.

Federal appeals court rejects EPA attempt to postpone protections against methane leaks [Jurist, 7/5/17]: The US Court of Appeals for the District of Columbia Circuit on Monday ruled 2-1 that the Environmental Protection Agency (EPA) [official website] cannot suspend a rule requiring oil and gas companies to fix and reduce methane leaks in their equipment.

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:

The Death Rattle of White Christian America [The Atlantic, 7/5/17]: Two-thirds of those who voted for the president felt his election was the "last chance to stop America's decline." But his victory won't arrest the cultural and demographic trends they opposed.

Legislation and the Legislative Process (TOPIC 20)

Mapping The Potential Economic Effects Of Climate Change [KQED, 6/30/17]: Climate scientists agree that this century is getting much warmer and that such warming will likely bring economic pain to the U.S., but economists aren’t sure how much. Now, a team of scientists and economists, writing in the upcoming issue of the journal Science, says it can at least tell which parts of the country are likely to suffer the most.

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 Should Encouraging Suicide Be a Crime? [Justia, 7/5/17]: Professor Colb comments on a recent tragic incident in which a young man committed suicide under the encouragement via text message by his girlfriend. Colb considers whether her conviction by a Massachusetts judge of involuntary manslaughter was appropriate and just, and discusses some of the issues that her conviction raises, including free speech, the right to die, and traditional conceptions of causation and responsibility.

Florida judge declares 'stand your ground' amendments unconstitutional [Jurist, 7/4/17]: The Eleventh Judicial Circuit Court of Florida ruled on Monday that amendments made to the state's "stand your ground" laws last month are unconstitutional. Specifically, Judge Milton Hirsch found that SB 128, the law in question, violated art. II § 3 of the Florida Constitution, which prohibits one branch of government from exercising powers confined to another branch. 

California Supreme Court makes it harder for three-strike prisoners to get sentence reductions [LA Times, 7/4/17]: dges have broad authority in refusing to lighten the sentences of “three-strike” inmates, despite recent ballot measures aimed at reducing the state’s prison population, the California Supreme Court ruled Monday. In a 4-3 decision, the court said judges may freely decline to trim sentences for inmates who qualify for reductions under a 2012 ballot measure intended to reform the state’s tough three-strikes sentencing law.
The ruling in The People v. Valencia can be found at:

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:

Free-press groups warn of violence against media [Politico, 7/4/17]: Long accustomed to chronicling threats against the media in other countries, free press organizations are turning their attention to extreme rhetoric and threatened violence against reporters at home as President Donald Trump and his allies ramp up their attacks on the mainstream media.

Fifth Circuit Holds That Recitation of Mexican Pledge In Spanish Class Not Compelled Student Speech [EdLawProfs blog, 7/5/17]: The Fifth Circuit held last week that requiring that students perform the Mexican Pledge of Allegiance as an assignment for a Spanish language class, and the school's actions afterwards, did not violate the First Amendment.
You can read the decision in Brinsdon v. McAllen Independent Sch. Dist. at:

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:

Independence Day: The Texas Supreme Court Refuses to Hold That the Federal Constitutional Right of Same-Sex Couples to Marry Has Full Force in Texas [Justia, 7/4/17]: Professors Grossman and Carpenter comment on a recent decision by the Texas Supreme Court in which it refuses to give effect to the U.S. Supreme Court’s ruling in Obergefell v. Hodges, which recognized a constitutional right of same-sex couples to marry. Grossman and Carpenter explain why the Texas court’s decision was clearly wrong and why factors other than merits might have (though they should not have) affected the ruling in that case.

Ousted Lufthansa Pilot Loses Age-Limit Dispute [CNS, 7/4/17]: A pilot whose job Lufthansa terminated when he turned 65 failed Wednesday to sway the European Court of Justice that the airline discriminated against him.

Latino Umpire Calls Foul Over MLB Promotions [CNS, 7/5/17]: A Cuban-born baseball umpire claims in a federal discrimination lawsuit that Major League Baseball routinely denies promotions to Latino umpires under its chief baseball officer, who is accused of holding a grudge since his days as manager of the Yankees.




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