Friday, July 7, 2017

Posts for July 7, 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:

Take your chances with 12 jurors or 1 judge? Criminal defense lawyers weigh in [SILive, 7/3/17]: Except for the lowest misdemeanors and the most heinous felonies, such as multiple homicides or slaying a police officer, criminal defendants who go to trial face a potentially life-altering decision: Should they let a judge or a jury decide their fate?

2017 Annual Supreme Court Review [Nat. Constitution Center podcast, 7/6/17]: Join distinguished legal experts Erwin Chemerinsky, Frederick Lawrence, and Slate’s Dahlia Lithwick to examine the Supreme Court’s 2016-17 session. Lauren Jones, assistant director of legal affairs at the Anti-Defamation League, moderates.

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:

Court rejects Trump administration move to delay methane regulation [Reuters / CNN, 7/3/17]: The U.S. Environmental Protection Agency cannot freeze implementing a rule requiring oil and gas companies to fix methane leaks in their equipment, a federal appeals court ruled on Monday in a setback for President Donald Trump's push to cut environmental regulations.

The American Presidency [TOPIC 15]

U.S. ethics chief who pressured Trump resigns [Politico, 7/6/17]: Walter Shaub, the director of the U.S. Office of Government Ethics who has criticized the way President Donald Trump has handled his business conflicts, announced on Thursday that he is resigning, effective July 19.

Trump's Life-Tenured Judicial Avatar [Linda Greenhouse in the NY Times, 7/6/17]: Whether out of ignorance or by deliberate choice, Neil Gorsuch is a norm breaker. He’s the new kid in class with his hand always up, the boy on the playground who snatches the ball out of turn. 

Open and Shut [Slate, 7/6/17]: The obstruction of justice case against Trump is already a slam dunk.

Trump’s aides build their own empires in the West Wing [Politico, 7/6/17]: Top White House officials have broken from tradition by hiring chiefs of staff and personal PR people to support their policy goals. 

What does Trump mean when he says 'other countries' hacked the election? [LA Times, 7/6/17]: Let’s begin with a statement that is widely accepted as fact: Russia interfered in the 2016 U.S. presidential election. 

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:

Altemeyer on Trump’s Supporters [Justia, 7/7/17]: John Dean relates the research and words of psychology professor Bob Altemeyer as the latter explains how difficult it would be to change the minds of supporters of Donald Trump. Based on Altemeyer’s observations, Dean proposes the only way for Democrats to succeed in 2018 and 2020 is to focus on getting sympathetic non-voters—who outnumber right-wing authoritarians in the general population—to the polls.

Legislation and the Legislative Process (TOPIC 20)

Senate Obamacare repeal vote unlikely next week [Politico, 7/6/17]: Republicans are reviewing possible changes to the bill and still don't have the votes to gut the health law.

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:

Trinity Lutheran Church v. Comer at the Supreme Court: Be Careful What They Wish For [Justia, 7/6/17]: Professor Hamilton comments on the U.S. Supreme Court’s recent decision in Trinity Lutheran Church v. Comer, which Hamilton argues reflects a common-sense application of existing jurisprudence on the Free Exercise Clause. Hamilton laments that legislators are not acting with the same level of common sense as they develop and interpret dangerous Religious Freedom Restoration Acts.

Podcast: Sincerely, Anonymous [Newseum, 7/6/17]: In this episode of The First Five, ACLU attorney Esha Bhandari talks about representing the anonymous Twitter user behind a “rogue” Twitter account critical of the Trump administration, and shares her thoughts about why the right to speak anonymously is so important — and how technology and social media have changed how we use it.

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:

An Important LGBT Rights Case Could Be Heard By The Supreme Court In The Coming Year [Buzzfeed / USA Today / CNN, 7/6/17]: Lambda Legal announced Thursday that it will be asking the justices to hear Jameka Evans' case, raising the question of whether sex discrimination bans include a ban on sexual orientation discrimination. The case is Evans v. Georgia Regional Hospital.

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

Detained immigrant youths entitled to release hearing, court rules [SF Chron / Politico / CNS, 7/6/17]: Thousands of youngsters in U.S. immigration custody are entitled to judicial hearings that could lead to their release, to either a parent or another adult, a federal appeals court ruled Wednesday.
You can read Judge Reinhardt’s decision in Flores v. Sessions at:

France judge appointed to collect evidence concerning Syria war crimes [Jurist, 7/6/17]: French judge Catherine Marchi-Uhel was appointed as Head of the International Impartial and Independent Mechanism on Monday to collect evidence concerning persons involved in Syrian war crimes over the last six years. Marchi-Uhel has experience in criminal law, transitional justice and human rights, and worked for the UN concerning various international affairs.


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