Posts October 20,
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:
Originalism
and Textualism in Action: Not Constraining and Not Neutral [“Dorf on Law{
blog, 10/19/17]: “In practice, textualism
has devolved into a vehicle for ideological judging — disguised as deference to
the legislature. The numbers in Michigan, though, blow its cover.”
Guns, Constitutional
Tests, and Games [“Dorf on Law{ blog, 10/19/17]: “My
latest Verdict column asks whether a federal ban on bump
stocks would violate the Second Amendment. The short answer is no, but as I
explain, the full answer is a bit more complicated.“
Read the column to which Professor Dorf reers:
Appeals Court to Review Case of Undocumented Teenager Seeking
Abortion [WSJ, 10/19/17]: Judge ordered Department of Health and Human
Services to allow her to leave shelter to obtain procedure.
Young, pregnant migrant's case becomes a test of Trump
policies on abortion and immigration [LA Times / Jurist, 10/19/17]:
When the Trump administration chose E. Scott Lloyd, a prominent antiabortion
activist and attorney, to head the federal agency that oversees refugee
affairs, he quickly set about enforcing strict policies. For months, even as he
personally intervened in cases and tried to talk young women out of getting
abortions, his efforts drew little attention. The case of a 17-year-old
pregnant girl in an immigration detention center in Texas has suddenly changed
that.
The
American Presidency [TOPIC 15]
George W. Bush’s unmistakable takedown of Trumpism — and
Trump [Wash Post, 10/19/17]: For the past nine years, George W. Bush has
largely stayed out of presidential politics; he declined to criticize his
successor, Barack Obama, and he chose not to endorse but largely ignored
President Trump. While Mitt Romney and others spoke out publicly against Trump,
Bush stayed above the fray. That changed in a big way Thursday.
Are the Emoluments
Lawsuits Filed Against President Trump Dead? [New Yorker, 10/19/17]: The emoluments
lawsuits continue to work their way through the courts. On Wednesday, in a
courtroom in lower Manhattan, lawyers for crew laid out their arguments for why the case
should be allowed to proceed.
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:
Votes, Money, Politicians and Influence [CalMatters,
10/19/17]: How often does your legislator vote with powerful interest groups in
Sacramento? With the help of our partners at Digital Democracy, we’ve created a
unique dataset to help illustrate how the policymaking process works, looking
at the relationships between legislators, lobbying groups, money and votes. We
call it the “Alignment Score.”
With Help From Bannon, California GOP Hopes to Stoke
Voter Anger [KQED, 10/19/17]: With its share of registered voters
continuing to slip and no particularly promising candidates for governor or the
U.S. Senate, California Republicans are gathering in Anaheim this weekend in
hopes of reversing their sunken fortunes by stoking voter anger.
Legislation and the Legislative
Process (TOPIC 20)
Women Call Capitol's Sexual Harassment Complaint Process
Flawed [CPR, 10/19/17]: Tam Ma, a legal and policy director with the
advocacy group Health Access, says she experienced harassment during her early
years in the Capitol. She never took her complaints to her superiors because
she didn’t want it to be held against her later on.
Republicans Will Redo Tax Plan Without
Democrats [CNS, 10/20/17]: The Senate passed a $4 trillion budget
framework Thursday night, a key step in the Republican plan to pass a tax
package by the end of the year without any votes from Democrats.
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 denies Arpaio's motion to erase his criminal contempt
conviction [Arizona Republic / Politico,
10/20/17]: U.S. District Judge Susan Bolton on Thursday denied former
Maricopa County Sheriff Joe Arpaio's request to vacate his criminal
contempt conviction after he was pardoned by President Donald Trump. In
her ruling, Bolton said while Trump's pardon "undoubtedly spared Defendant
from any punishment that might otherwise have been imposed. It did not,
however, 'revise the historical facts' of this case."
New Federal Court
Decision Should Be a Warning to Schools and Police Departments That Arrest
Students [EdLaw Profs blog, 10/19/17]:
Last week, in S.R. v. Kenton County Sheriff’s
Office, a U.S. District Court in Kentucky issued a decision that
should drastically change schools' and resource officers' thinking in regard to
handcuffing students.
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:
Campus free speech under extreme duress [FAC,
10/19/17]: Law professors Howard Gillman and
Erwin Chemerinsky write that the so called “heckler’s veto” has no place
in a free speech country, “If audience members had a general right to
engage in disruptive or threatening behavior by using loud, boisterous, or
inciting speech, it would give any determined individual or group veto power
over the expression of any idea they opposed
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:
Survey: Almost half
of tech workers worry about losing their jobs because of ageism [SJ Merc,
10/19/17]: More than 40 percent of tech workers worry about losing their jobs
because of age, a new survey shows. Jobs site Indeed also found that 18 percent
of those who work in the tech industry worry “all the time” about losing their
jobs because of ageism. The release of the survey Thursday comes amid other
news about diversity — or lack thereof — in tech workplaces.
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