Tuesday, August 29, 2017

Posts for August 29, 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:

Four Posts Replying to Dorf on Originalism [”Legal Theory” blog, 8/29/17]:

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 2020 campaign just kicked off in a New Hampshire strip mall [Politico, 8/28/17]: Just like that, the 2020 retail campaigning for president began right here in a strip-mall campaign headquarters Monday, when Los Angeles Mayor Eric Garcetti showed up for what he called “the most important race in the country.” He was talking about the Manchester mayor’s election. Joyce Craig, the Democratic candidate, invited him to join her for an afternoon that also included a speech to the Manchester Young Democrats and a fundraiser.

Judge invalidates law that would have allowed public financing of political campaigns in California [LA Times, 8/29/16]: A Superior Court judge has struck down a new law signed by Gov. Jerry Brown that would have allowed cities, counties and the state to provide public financing of political campaigns, ruling that it violates a ban on that use of taxpayer dollars established nearly 30 years ago, officials said Monday.

What happens when California becomes a ‘sanctuary state’? [Sac Bee, 8/29/17]: California’s so-called “sanctuary state” bill, introduced by Senate President Pro Tem Kevin de León as a direct response to President Donald Trump’s campaign promise to deport “bad hombres” and undocumented immigrants, is well on its way to becoming law.

High Court Halts Order to Redraw Texas Voter Maps [CNS, 8/28/17]: The U.S. Supreme Court on Monday temporarily blocked a district court’s ruling that two Texas congressional districts must be redrawn to address discrimination concerns.

California Supreme Court Dumps Supermajority Rule for Voter-Backed Taxes [CNS, 8/28/17]: The California Supreme Court on Monday made it much easier for municipalities to collect special taxes: Let citizens propose and pass them through the initiative process – and a simple majority vote.

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

Trump lifts ban on providing military equipment to local police [Jurist, 8/28/17]: President Trump signed an executive order on Monday that will lift an Obama-era directive that restricted local police agencies' access to military equipment. Attorney General Jeff Sessions spoke Monday morning to the Fraternal Order of Police (FOP) outlining the president's new executive order.

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:

Stifling Speech: Government invokes doctrine to silence expression it doesn't like [David L. Hudson in the ABA Journal, 9/1/17]: Government officials removed a high school student’s painting from the U.S. Capitol building earlier this year, contending that its message was anti-police and inappropriate. The student and his congressional representative objected, arguing that the government engaged in impermissible viewpoint discrimination by censoring the artwork.

“Fighting Words”
In our contemporary political environment, the questions around the “fighting words” doctrine have been raised. Check out the article by David L. Hudson, “Fighting Words,” [Newseum, July, 2009]: at:
A great exercise would be to take court rulings in situations he discusses, adding some current situations, and pose the question to your students, (“Should this speech be allowed? Why or why not?”) challenging them to come up with a free speech “rule.” Good luck! 
See also:

Lessons learned from Sunday’s clash of protesters in Berkeley [SF Chron, 8/28/17]: When the right wing comes to left-wing Berkeley, public safety is no guarantee, especially when black-clad anarchists get involved. Sunday proved that no matter how well prepared they were, hundreds of police officers — many in riot gear — could not stop hundreds of anarchists from overtaking a place they were protecting. 

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:

Out in the Open: The Alt-Right Learns About Privacy in the Modern World [Justia, 8/29/17]: Professors Grossman and Friedman comment on the decreased privacy of the modern world, as recently illustrated by the very public identification of some of the alt-right demonstrators in Charlottesville, Virginia, from photos and videos of the rally. Grossman and Friedman point out that technology is making anonymity a thing of the past and that only affirmative legislative changes, such as recognition of a “right to be forgotten,” can alter that course. The professors ask: “These neo-Nazis and other members of the alt-right, who flocked to Charlottesville, are a more maligned version of those young people who indulged in “sexting,” or sinners who reformed and recanted, and, more generally, with all of those who would like to move on and let the past bury its dead. Should we respect their wishes? Or, more to the point, should the law protect their wishes??”
A great discussion topic for your class these days.

Court rules on birth certificate designations for same-sex parents [Mark Walsh in the ABA Journal, 9/1/17]: On the busy final day of its term in late June, the U.S. Supreme Court issued an unsigned decision that pleased advocates of same-sex marriage. At the same time, it arguably revealed at least one new legal foe of such marriages and sparked debate about whether the court’s 2015 decision that legalized them was now cemented as a matter of precedent.

Two lawsuits filed challenging Trump's transgender military ban [Jurist, 8/28/17]: Civil rights groups on Monday filed two separate lawsuits challenging the constitutionality of President Trump's ban on transgender people serving in the US military. Lambda Legal and OutServe-SLDN filed a complaint in the US District Court for the Western District of Washington on behalf of a current army Staff Sergeant, two transgender individuals who wish to serve in the military, Human Rights Campaign and the Gender Justice League.

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

9th Circuit Has Tough Questions On Trump Administration's Travel Ban Rules [BuzzFeed / [AP / Reuters / Constitution Daily, 8/29/17]: "How can the government say" a grandparent or aunt or uncle isn’t a close family member, one judge asked. "In what universe does that come from?"


No comments:

Post a Comment