Posts October 17, 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.
CRF Presents 2 new
lessons: immigration and intellectual property [CRF, 10/17/17]: Use this page to download the presentations and
handouts to use during your classroom visits. Make sure that one member of your
team brings the presentation and copies of the handouts to the classroom.
I saw “Marshall” yesterday: two thumbs up.
Check this top-quality movie out. It can fit into the Con Law curriculum when
talking about courtroom trials or in a discussion of discrimination. In U.S.
Hisstory courses, any discussion of the NAACP or th early 1940s or civil rights
is appropriate.
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:
It's a Fact: Supreme Court Errors Aren't Hard to Find [Pro Publica, 10/17/17]: A ProPublica review adds fuel to a longstanding
worry about the nation's highest court: The justices can botch the truth,
sometimes in cases of great import.
Sotomayor discusses civics, other topics at Queens College
talk [Queen’s Chronicle, 10/16/17]: U.S.
Supreme Court Justice Sonia Sotomayor took questions from Queens College
students on Monday, discussing civics and a range of other subjects, including
education. According to the Bronx native, the American educational system is
failing to adequately engage students about civic issues and train them to be
engaged citizens.
Constitutionsplaining with Justice Neil M.
Gorsuch [First Mondays, 10/17/17]: Don't
miss Nina Totenberg's lengthy segment on this week's podcast.
Supreme Court will hear U.S.-Microsoft battle over emails [USA Today / The Atlantic,
10/16/17]: The Supreme Court agreed Monday to hear another major case on
digital privacy, this time pitting the federal government against Microsoft in
a battle over emails held overseas. The justices already are scheduled to
consider whether police can gain access without a warrant to cellphone
location data held by wireless service providers, so the addition of the
Microsoft case makes this term a major one for the intersection of technology
and the law. https://www.usatoday.com/story/news/politics/2017/10/16/supreme-court-hear-u-s-microsoft-battle-over-emails/761346001/
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:
It was OK for teachers, school staff to have guns at
campus. Now they can’t carry [Fresno Bee, 10/16/17]: It is already
illegal for a person to carry a firearm in a school zone unless they have
permission from the superintendent, but AB 424 – signed by Gov. Jerry Brown on
Saturday – will “delete the authority” of the superintendent to grant such
permission, banning guns on campuses entirely.
EPA to Use Hardball Tactics Against
Environmentalists [CNS, 10/17/17]: EPA Administrator Scott Pruitt
announced on Monday that the agency would begin pushing back against lawsuits
which target it by ending “sue and settle” practices.
The
American Presidency [TOPIC 15]
Trump's judge picks: 'Not qualified,'
prolific bloggers [Politico, 10/17/17]: But Republican senators still
get on board.
Judges turn to extreme remedy to block Trump administration [CNN, 10/17/17]: As the Trump
administration seeks to obliterate Obama-era policies, progressive lawyers are
racing to court asking for an extreme form of relief, urging judges to reach
deep into their judicial tool kits and issue national -- even global –
injunctions. Such
injunctions are a relatively new phenomenon, and some legal scholars worry they
are bad for the country and bad for courts
After being criticized for not calling families of slain
soldiers, Trump falsely claims Obama did the same thing [LA Times,
10/16/17]: President Trump falsely said
that President Obama and other previous presidents failed to call the families
of soldiers killed in action, drawing angry rebukes from Obama aides. Trump
made the accusation during an impromptu news conference on Monday, while defending
himself for failing to call the families of four soldiers killed 12 days ago in
an ambush in Niger.
Trump gives his own performance a Trump-sized endorsement [Politico,
10/16/17]: Friends say President Donald Trump has grown frustrated that his
greatness is not widely understood, that his critics are fierce and on TV every
morning, that his poll numbers are both low and “fake,” and that his White
House is caricatured as adrift.
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:
McCain denounces 'spurious nationalism' in thinly veiled
shot at Bannon [:A Times, 10/16/17]: Sen. John McCain, who has sparred
repeatedly with President Trump and his former strategist, Stephen K. Bannon,
issued a thinly veiled attack Monday, denouncing as "unpatriotic"
what he described as "spurious nationalism."
Feinstein’s big name and big money will make it hard for
Kevin de León [SF Chron, 10/16/17]: Deciding to challenge a California
political institution and a leader of his own party will turn out to be the
easy part for state Senate President Pro Tem Kevin de León. He’s about to find
out how many obstacles stand between him and an election victory next year over
Democratic Sen. Dianne Feinstein.
Legislation and the Legislative
Process (TOPIC 20)
Gov. Brown Vetoes 12 Percent Of Bills [CPR,
10/16/17]: California has more than 800 new laws on the books this year, after
Governor Jerry Brown finished signing legislation this weekend. He also vetoed
more than 100 measures. State lawmakers rarely know how the governor will act
on their bills until he does so.
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:
The 1st
Amendment Receives a C+ in Fall Report Card [Newseum, 10/17/17]: “Grades” for freedom
of speech and assembly dropped this quarter after events like the white
supremacist rally in Charlottesville, Va., eroded public support for the First
Amendment.
Brown vetoes bill to protect cultural garb during
graduation ceremonies [SD Union-Trib, 10/16/17]: Brown said a
student's right to express views through symbolic acts is "clearly
protected" under the state Education Code and the 1st Amendment.
Giants of social media facing
challenges over free speech and transparency [FAC, 10/17/17]:
Jim Rutenberg of The New York Times, October 15, 2017, writes that after the
revelation that Facebook was running Russia ads designed to tilt the 2016
election in favor of Donald Trump, the social media giants Twitter, Facebook
and Google have pledged allegiance to transparency but have often failed t live
up to their pledge.
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:
Harvey Weinstein’s Fall Opens the Floodgates in Hollywood [NY
Times, 10/16/17]: Beginning with an article about the allegations against Mr.
Weinstein that The New York Times published on Oct. 5, more than 30 accusers
have stepped forward with charges of harassment, assault and even rape against
the mogul. The police in New York and London have started criminal
investigations. (Mr. Weinstein has denied engaging in nonconsensual sex.)
States
back challenge to transgender military ban [Jurist, 10/17/17]:
Massachusetts Attorney General Maura Healey filed an amicus curiae brief Monday
in support of a lawsuit challenging President Donald Trump's directive to
reinstate a ban on transgender individuals openly serving in the military.
Joining Massachusetts in the brief are California, Connecticut, Delaware,
Hawaii, Illinois, Iowa, Maryland, New Mexico, New York, Oregon, Pennsylvania,
Rhode Island, Vermont and the District of Columbia.
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