Posts for August 23, 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:
Why the ERA Is Still Pending Before the States [Concurring Opinions, 8/22/17]: Let’s delve more deeply into the
question of why the ERA can still be ratified by the states.
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 sticks it to GOP in thundering Phoenix speech [Politico,
8/22/17]: President Donald Trump put the
Republican Party on notice on Tuesday evening — implicitly attacking two
Republican senators on their home turf, threatening a government shutdown over
his border wall, and demanding that senators kill the filibuster because it's
impeding his agenda.
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:
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
Judge Nixes Indiana’s Law on
Civil Forfeiture of Vehicles [CNS, 8/23/17]: Though Attorney General
Jeff Sessions is increasing use of civil forfeiture to seize money and property
from people not convicted of a crime, a federal judge ruled that Indiana’s law
on seizure and forfeiture of vehicles is unconstitutional because it violates
due process.
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 Speech Issues
Raised by Internet Companies Denying Service to Neo-Nazi Sites [Justia,
8/23/17]: Professor Dorf uses the refusal of private internet domain registrars
to do business with neo-Nazi website The
Daily Stormer to
illustrate the need for a change in the law. Dorf acknowledges that in the case
of The Daily Stormer, no rights were violated, and the
companies acted within their terms of service. However, Dorf argues that
Congress should impose obligations to respect freedom of speech on companies
that provide essential internet services to avoid the future possibility that
such private companies stifle speech of worthy organizations and legitimate
causes.
Court: Day laborers have 1st Amendment right to solicit jobs [AP, 8/22/17]: A federal appeals court says day laborers in a Long
Island town have a First Amendment right to solicit passing drivers for jobs. The
2nd U.S. Circuit Court of Appeals on Tuesday struck down a 2009 law banning the
solicitation in Oyster Bay. The law had never been enforced.
Court Finds That
Arizona's Decision to Bar Mexican-American Studies Was Motivated by Intentional
Discrimination [EdLawProfs blog, 8/23/17]: Yesterday, a
federal district court held that Arizona's decision to ban Mexican-American
studies and the local district's enforcement of that ban were motivated by
intentional discrimination. The court also held that restricting students
access to that information violated the First Amendment.
The Shady Business of
Regulating Shady Businesses [Newseum, 8/23/17]: The 11th Circuit court of appeals recognizes
the tension between a recent Supreme Court ruling and the “secondary-effects”
doctrine, which allows for greater regulation of adult businesses.
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:
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