Monday, October 30, 2017

Posts October 30, 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:

Thurgood Marshall movie faithful to the facts, and the man [AP / Connecticut Post, 10/29/17]:  Supreme Court Justice Thurgood Marshall’s widow, Cecilia, has seen two showings of the new movie “Marshall” about her late husband. She liked it, but had one observation about actor Chadwick Boseman, who plays the civil rights pioneer and legal giant.

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]

Special Counsel charges 3 individuals over Russia probe [Jurist, 10/30/17]:  Special Counsel Robert Mueller on Monday revealed charges against two former Trump campaign officials, and a plea agreement with a third, marking the first criminal charges to come from a probe into possible Russian influence in US political affairs.

Trump campaign adviser admitted to lying about Russian contacts[Wash Post, 10/30/17]: George Papadopoulos, a former campaign adviser to President Trump, pleaded guilty earlier this month to lying to federal officials about contacts he had with people he believed had ties to the Russian government while he was affiliated with Trump’s campaign. 

III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition o
of Constitutional Law] Here are some recent articles that are relevant to this unit:

Legislation and the Legislative Process (TOPIC 20)

Sexual Misconduct in California’s Capitol Is Difficult to Escape [NY Times, 10/29/17]: There were the demeaning personal chores she said her boss assigned her, like buying a shower curtain and blankets. And there was the time that he appeared at the door of his apartment with his pants open, she said, exposing himself to her when she went to pick him up for a vote.

GOP Tax Bill to Include Property Tax Deduction, Brady Says [Roll Call, 10/29/17[: Keeping the property tax deductions is a nod to Republicans from high-tax states like New York and New Jersey who have threatened to oppose the GOP tax bill if the plan would eliminate deductions for state and local taxes. It’s unclear how many of those members will be satisfied by the announcement as it appears the deduction for state and local income taxes will still be eliminated, under the GOP plan. 

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 :

‘Restorative Justice’ for Shoplifting? A Court Calls It Extortion [Marshall Project, 10/29/17]: A company’s program, used by Walmart and others, bypasses the cops.

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:

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:

Court rejects Trump's transgender troop ban [Politico, 10/30/17]: The Pentagon cannot enforce the Trump administration’s ban on transgender troops serving in the military, a federal court ruled in a decision released Monday that advocates called a “colossal victory.”


Friday, October 27, 2017

Posts October 27, 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:

HLS in the World | A Conversation with Six Justices of the U.S. Supreme Court [Harvard Law School on YouTube, 10/26/17]:

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:

Louisiana 'dirt farmer' asks Supreme Court's help [AP, 10/26/17]: Some residents in bayou country deep in southeastern Louisiana raise alligators or crawfish. Some grow turnips. Until a local government stepped in, Chad Jarreau farmed dirt. To be more precise, he dug up dirt on his property in Cut Off, Louisiana, graded it again and again and sold it for use in construction projects.
Jarreau is not a wealthy man, but he had a batch of dirt on the edge of his 17-acre (7-hectare) property that was worth more than $150,000. Or it would have been, if the local flood control district hadn’t taken it to shore up protection against hurricanes in the low-lying area that brushes up against the Gulf of Mexico.

The American Presidency [TOPIC 15]

Trump declares US opioid emergency but pledges no new money [AP, 10/26/17]: In ringing and personal terms, President Donald Trump on Thursday pledged that “we will overcome addiction in America,” declaring opioid abuse a national public health emergency and announcing new steps to combat what he described as the worst drug crisis in U.S. history. 

Another Twist in the Emoluments Litigation [“The Origialism blog,” 10/26/17]: Via Josh Blackman, apparently the President's lawyers now say that maybe the President isn't covered by the Foreign Emoluments clause, or at least they are not conceding that he is.

McConnell preps judicial confirmation frenzy [Politico, 10/26/17]: The transformation of the federal judiciary has been one of the early successes of Donald Trump's presidency.

III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition o
of Constitutional Law] Here are some recent articles that are relevant to this unit:

Legislation and the Legislative Process (TOPIC 20)

Sexual harassment policies on Capitol Hill inhibit victims [Politico, 10/27/17]: Two female lawmakers and several congressional staffers are calling for an overhaul of Capitol Hill’s policies on sexual harassment, citing a culture of tolerance in a workplace long known as a boys’ club.

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:

There's no free speech right to refuse wedding cakes to gay couples [Volokh Conspiracy blog, 10/27/17]: Dale Carpenter posts at "The Volokh Conspiracy" about an amicus brief that he and Eugene Volokh have submitted in this case.

School Officials Receive Immunity from Lawsuit of Teacher Disciplined for Social Media Post [Newseum, 10/26/17]: The Court of Appeals of Georgia decided that a superintendent and county board chairperson could not be defendants in a First Amendment lawsuit filed by a teacher suspended for making a controversial Facebook post. 
The decision in Atwater v. Tucker can be found at:

Podcast: Young Censors [Newseum, 10/26/17]: Are today’s college students intolerant of free speech? In this episode, we talk to the Brookings Institute’s John Villasenor about the results of his recent survey. 

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:

Thursday, October 26, 2017

Posts October 26, 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:

The Democrats' Next Supreme Court Nominee [Slate 10/25/17]: Meet Patricia Millett, the hero of the Jane Doe abortion case and a worthy successor to Ruth Bader Ginsburg.

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:

Are we in a constitutional crisis (yet)? [Eric Posner blog, 10/26/17]: Have we reached that stage? Hard to say, but the data, for what it is worth, suggests not yet.

Undocumented teen's abortion re-energizes legal debate [USA Today, 10/25/17]: The Trump administration's effort to block an undocumented teenager from getting an abortion ended Wednesday, but it served to re-energize both sides in the decades-long battle over reproductive rights.

The American Presidency [TOPIC 15]

Trump approval rating dips to new low in Fox News poll [Politico, 10/25/17]: President Donald Trump's approval rating reached the lowest mark it has been in any Fox News poll, 38 percent.

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:

Follow CA’s political money: New rules in 2018 [Capitol Weekly, 10/25/17]: Next year, Californians will learn more about who pays to influence their votes under a new law that requires more information about top donors on political ads.

As G.O.P. Bends Toward Trump, Critics Either Give In or Give Up [NY Times, 10/25/17]: Despite the fervor of President Trump’s Republican opponents, the president’s brand of hard-edge nationalism — with its gut-level cultural appeals and hard lines on trade and immigration — is taking root within his adopted party, and those uneasy with grievance politics are either giving in or giving up the fight.

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 :

We are Witnesses [Marshall Project, 10/26/17]: The American criminal justice system consists of 2.2 million people behind bars, plus tens of millions of family members, corrections and police officers, parolees, victims of crime, jusges, prosecutors and defenders. In “We Are Witnesses” we hear their stories.

What Needs to Happen Next for the #MeToo Campaign to Fulfill Its Potential [Justia, 10/27/17]: Professor . Hamilton praises the #MeToo campaign and explains what more needs to happen to meaningfully address the pervasive issues of sexual assault and abuse against children and adults. Hamilton points to the brave actions by Olympic gymnast McKayla Maroney and elaborates on what must change in our society to empower victims and hold those in power accountable.

Why Rely on the Fourth Amendment To Do the Work of the First? {Yale Law Journal Forum, 10/25/17]: This Essay explains why we should not expect the Fourth Amendment to adequately protect First Amendment interests, and it briefly sets out how the First Amendment might once again become a bulwark against overreaching government surveillance.


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:

UC, roiled by 1st Amendment controversies, to launch national free speech center [LA Times, 10/26/17]: The University of California, where the free speech movement started and students now argue over how far unrestricted expression should go, announced plans Thursday to launch a national center to study 1st Amendment issues and step up education about them. 

Civil rights groups worry about government monitoring of social media [SF Chron, 10/25/17]: “Let’s say someone is applying for a visa from a country with minimal human rights. They’re not going to want to use their real name in their online speech or activism,” said Christina Sinha, staff attorney and program manager of the national security and civil rights program at the Asian Law Caucus in San Francisco. 

Shouting Down Free Speech [Mewseum, 10/26/17]: When speech becomes less about the communication of ideas and more about posturing and showing off your hatred for your enemies, fewer and fewer people will hear it. 

Illinois high school confiscates student paper over marijuana story [SPLC, 10/13/17]: A high school paper was confiscated by administrators who disapproved of two articles exploring why students smoke marijuana.

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:


Wednesday, October 25, 2017

Posts October 25, 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:

Appeals court in Washington allows detained immigrant teen to seek abortion [USA Today / Dallas M-N / Jurist, 10/24/17]: A federal appeals court reversed itself Tuesday and ruled that the Trump administration cannot prevent an undocumented teenage girl from getting an abortion.

The American Presidency [TOPIC 15]

Trump purges enemies and reshapes party in his image [Politico, 10/25/17]: The president wins short-term victories with the retirements of Jeff Flake and Bob Corker, but the cost to the GOP agenda could be steep. 

Three Pinocchios: Trump’s claim that he’s done more ‘by far’ than Obama in the fight against ISIS [Wash Post, 10/25/17]: President Trump has made a variation of this claim repeatedly over the months, starting in July, when he proclaimed: “In five months we have done more against ISIS than anybody’s done since the beginning and we are having tremendous success with that.” 

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

California's chief justice calls for end to cash bail [AP, 10/24/17]: California Supreme Court Chief Justice Tani Cantil-Sakauye said Tuesday that the state should instead rely on risk assessments to determine whether defendants should be released. Cantil-Sakauye endorsed a report by the judiciary that called for an end to cash bail and said it should serve as a framework for discussions with Gov. Jerry Brown and the Legislature. 

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:

First Amendment News [Concurring Opinions, 10/25/17]: This entire FAN post is devoted to recent developments concerning free speech on college campuses. This sampling reveals just how controversial and widespread this debate has become.

Do Restrictions on Clothing Donation Bins Violate the 1st Amendment? [Newseum, 10/24/17]: The U.S. Supreme Court could decide whether city laws that target unattended charity drop-off bins violate the First Amendment, resolving a split between the 6th and 9th Circuits.

No 1st Amendment Protection for Professor Who Spoke Out Against Cheating Students [Newseum, 10/24/17]: A former adjunct community college professor has no First Amendment retaliation claim arising out of his speech about students cheating, the 2nd Circuit Court of Appeals has ruled.  The decision shows the expansive breadth of the U.S. Supreme Court’s decision in Garcetti v. Ceballos (2006), which provides no free-speech protection for public employees who engage in official, job-duty speech.
The 2nd Circuit case is Bhattacharya v. SUNY Rockland Community College can be found at:

Federal Judge Invalidates Kentucky Law Barring Sex Offender Access to Social Media  [Newseum, 10/24/17]: Applying recent Supreme Court precedent, the judge found that the law violated the First Amendment. 

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:

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

Russia vetoes UN Security Council investigation into Syria chemical weapons attacks [Jurist, 10/25/17]: Russia on Tuesday vetoed the UN Security Council's resolution to extend the UN Organisation for the Prohibition of Chemical Weapon (OPCW) investigation into the Syria chemical-weapons attack. In February Human Rights Watch (HRW) reported that the Syrian government conducted "coordinated chemical attacks" on rebel-controlled portions of Aleppo.


Tuesday, October 24, 2017

Posts October 24, 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:

'Front Row Kids' and values have taken over our courts [USA Today, 10/23/17]: The problem is not just that Back Row America's values won't be considered -- it's that the Supreme Court may not even realize it's ignoring them.

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:

First major abortion battle of Trump era could be headed for Supreme Court [CNN, 10/24/17]: The case of a pregnant migrant teen held in Texas and blocked by the Trump administration from obtaining an abortion may be heading toward a point of no return. When the legal drama began last month, she was about 11 weeks pregnant. She is now at about 16 weeks, and her lawyers say her options for an abortion in Texas are dwindling. At the same time, the chances of a showdown among federal judges is increasing.

A Vision of Our Post-Roe Future [Slate, 10/23/17]: The government's ban on abortions for undocumented minors is a preview of an America with one more conservative Supreme Court justice.

The Handmaid’s Tale—Junior Version [Justia, 10/24/17]: Professor Grossman analogizes a situation in the present United States to the dystopic circumstances of The Handmaid’s Tale. In each, Grossman points out that men have taken upon themselves the right and responsibility to mandate what women may (and must) do during pregnancy, despite what are indisputably their constitutional rights.

The American Presidency [TOPIC 15]

The National-Security-Law Expert Who Blocked Trump's Travel Ban [The Atlantic, 10/24/17]:  The former federal prosecutor and deputy counsel to the Department of Homeland Security writes that the prohibition violates the Constitution.

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:

Supreme Court to decide when state voter purges cross the line [McClatchy, 10/23/17]: After tackling partisan gerrymandering in October, the U.S. Supreme Court will take on the controversial issue of voter purges in a November case that could have major implications for the 2018 mid-term elections.

In Major Victory in Case with National Significance, Ninth Circuit on 2-1 Vote Upholds Montana Contribution Limits [Rick Hasen at the “Election Law” blog, 10/23/17]:  Judge Bea Would Appear to Hold *All* Limits Unconstitutional.
Read the ruling in Lair v. Motl [9th Circuit, 10/23/17]:

Want the Sierra Club's endorsement? Here are its standards [LA Times, 10/24/17]: No. 1 on the list is independence from the oil industry, which has been a fault line in the Capitol during debates over climate change policies.

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

The California Inmates Fighting the Wine Country Wildfires [Marshall Project, 10/23/17]: A photographer captures the lives of the men on the fire lines and at home in prison conservation camps.

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:

State Asks U.S. Supreme Court To Take Case Involving Abusive Language
[Hartford (Conn.) Courant, 10/23/17]: In a case that implicates free speech, fighting words and the coarsening of public discourse, state prosecutors are asking the U.S. Supreme Court to reinstate a 25-day jail term on a Rockville woman convicted of upsetting public order by flinging disgustingly vile insults at a grocery store manager.

Speech, religion and bias all weighed in Masterpiece Cakeshop case [ABA Journal, 10/23/17]: The encounter in a Lakewood, Colorado, bakery was brief, but it has had a lasting impact on the lives of its central participants. And it has led to a major clash in the U.S. Supreme Court, pitting the rights of free speech and free exercise of religion against anti-discrimination law.

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:

‘Everything is at stake:’ California unions brace for a Supreme Court loss [Sac Bee, 10/24/17]: California labor leaders sound almost apocalyptic when they describe a looming Supreme Court case that many of them concede likely will cost them members and money. 

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

Native Hawaiians wage an ongoing battle to organize into a sovereign nation [ABA Journal, 10/23/17]: Native Hawaiians have been considered Americans for more than 100 years. But they haven’t forgotten the original sin that created their state. That sin—the forcible ouster of the Hawaiian monarchy—has some Native Hawaiians waging a legal battle to this day to regain some measure of independence.