Thursday, August 31, 2017

Posts for August 31, 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:

West Point cadet in sexual hostility case cannot sue: U.S. appeals court [Reuters, 8/30/17]: Federal judges should not decide claims such as the equal protection claim raised by the former cadet, known as Jane Doe, because it would require them to oversee a wide range of military functions, the 2nd U.S. Circuit Court of Appeals in Manhattan concluded,

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]

Proving Intentional Discrimination, Redux [“Take Care” blog, 9/30/17]: How much weight, if any, should the factfinder place on the then-candidate’s campaign-trail statements, or even on comments made after assuming office but in a personal capacity? 

The Pardon:
Presidential Pardon Power May Not Be So Absolute After All [Justia, 8/31/17]: Former US Congressman Brad Miller argues in favor of limits on the president’s power to pardon criminal contempt of court. Miller describes two US Supreme Court precedents on point and explains why circumstances today are radically different from what the Court in those decisions envisioned.
Why Trump's Arpaio pardon is different [CSM, 9/29/17]: Presidential pardons are controversial; But the pardon for Joe Arpaio resurfaces a longstanding theme for President Trump: an antagonistic attitude toward the judiciary.
Collateral Damage: The Arpaio Pardon and Separation of Powers [“Lawfare” blog, 9/30/17]: President Trump's pardon of Joe Arpaio, though completely lawful, will have unfortunate collateral effects on the separation of powers.
Former federal law clerk details rich history of Arpaio trial in blunt tweets [CNN,8/30/17]: A litigator, crime novelist and former law clerk to the federal judge overseeing former Sheriff Joe Arpaio's racial profiling trial in 2012 unleashed an unusual flurry of revealing tweets Tuesday about the trial, Arpaio's tactics, and how he believes Judge G. Murray Snow has been unfairly trashed by the former Arizona sheriff.

The reality beneath Trump's tax reform talk [Politico, 8/31/17]: President Donald Trump’s tax plans hardly match his populist rhetoric. Though he sold his plan to rewrite the tax code as a boon to the average American worker in a speech Wednesday, he mostly focused on the taxes paid by America’s largest corporations.

Trump order cramps rebuilding stronger against floods [AP, 8/31/17]: Two weeks before Harvey’s flood waters engulfed much of Houston, President Donald Trump quietly rolled back an order by his predecessor that would have made it easier for storm-ravaged communities to use federal emergency aid to rebuild bridges, roads and other structures so they can better withstand future disasters.

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:

Courting Corruption [“The American Interest” blog, 9/25/17]:The truth about the legal morass created by the controversial Citizens United ruling, and why it matters.

Dems' 2020 dilemma: Familiar 70-somethings vs. neophyte no-names [Politico, 8/31/17]: Old but well-known vs. fresh but anonymous: That’s how the 2020 Democratic presidential field is shaping up so far — and it’s causing anxiety within a party starting to acknowledge that President Donald Trump could be harder to beat for reelection than the base would like to admit.

The Politics of Disasters [Sabato’s Crystal Ball, 8/31/17]: What history tells us about the potential effects of Hurricane Harvey.

Legislation and the Legislative Process (TOPIC 20)

Sen. Kamala Harris plans to back Medicare-for-all legislation [Politico, 8/31/17]: The freshman Democratic senator from California has previously said she supports the concept of universal healthcare, but this is the first time she has explicitly said she would join Sanders when he files the bill. The House version of the measure, sponsored by Rep. John Conyers Jr. (D-Mich.), has 117 sponsors, including 27 California Democratic House members.

Contest: Can You Name the Top 100 Cover? [Capitol Weekly, 8/3-/17]:

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:

How ‘Doxxing’ Became a Mainstream Tool in the Culture Wars [NY Times, 8/31/17]: Identifying extremist activists and revealing their personal information has become a bit of a sport on the internet. Some worry about mistakes and the permanent stigma of online shaming. 

Piedmont mayor resigns after controversial comments [KTVU / EB Times / KPIX, 8/27/17]: Faced with increasing public outcry over his “inflammatory or insulting” Facebook posts and comments, Piedmont Mayor Jeff Wieler has resigned his position as mayor effective Sunday.

Prediction: It's CNN -- Not the N.Y. Times -- Headed to Supreme Court in Defamation Battle [THR Esq. blog, 8/30/17]:Forget about Sarah Palin's case; Focus on what CNN is facing in Georgia -- a dispute that's getting quite messy.

Times-Palin Ruling Good for Free Speech, Press [Newseum, 8/30/17]: The court’s decision upholds First Amendment laws that protect not only journalists, but also members of the public who express political opinions. 

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:

At Convocation, Faust Defends Race-Conscious Admissions [Harvard Crimson, 9/30/17]: University President Drew G. Faust defended race-conscious admissions practices in front of what she said is the most diverse class of freshmen in Harvard’s history at the College’s convocation on Tuesday.
Affirmative Action in a Time of White Resentment [American Interest blog, 9/30/17]: Progressives may be tempted by a Harvard law professor's solution to the affirmative action tangle; But it would make our politics even more toxic.

When women earn less than men, is gender bias always to blame? 9th Circuit to decide en banc [Reuters, 8/30/17]: On Tuesday, the 9th U.S. Circuit Court of Appeals agreed to reconsider a surprisingly long-lived question: Given systemic evidence that women are paid less than men for doing the exact same work, does gender bias inevitably taint pay scales based on salary history? 9th Circuit precedent from 1982 says the answer is no, but the court’s grant of en banc review in Rizo v. Yovino suggests that decades-old holding could be in for rethinking.

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

UNICEF: children in war torn countries have right to safe water [Jurist, 8/30/17]: The UN Children's Fund (UNICEF) voiced its concerns on Tuesday regarding the lack of drinking water accessible to children in war torn countries. According to UNICEF, more than 180 million people are cut off from water in countries of conflict including Yemen, Syria and Nigeria. 



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