Tuesday, November 14, 2017

Posts November 14, 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:

Supreme Court jurisdiction over the Court of Appeals for the Armed Forces [The Volokh Conspiracy, 11/13/17]:

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:

The American Presidency [TOPIC 15_

Trump ready to put his own mark on tax debate [Politico, 11/13/17]: The president, who's been in touch with senior members of Congress, tweeted on Monday with specific proposals – none of which are reflected in the proposed legislation.

The Secret Correspondence Between Donald Trump Jr. and WikiLeaks [The Atlantic / Politico, 11/13/17]: The transparency organization asked the president’s son for his cooperation—in sharing its work, in contesting the results of the election, and in arranging for Julian Assange to be Australia’s ambassador to the United States.

Trump choosing white men as judges, highest rate in decades [Reuters / The Hill, 11/13/17]: President Donald Trump is nominating white men to America’s federal courts at a rate not seen in nearly 30 years, threatening to reverse a slow transformation toward a judiciary that reflects the nation’s diversity. So far, 91 percent of Trump’s nominees are white, and 81 percent are male, an Associated Press analysis has found. Three of every four are white men, with few African-Americans and Hispanics in the mix. The last president to nominate a similarly homogenous group was George H.W. Bush.

III. The Political System: Voting and Campaigns (See Topic 16-20 in the 5th edition of Constitutional Law] Here are someecent articles that are relevant to this unit:

The Power o f the Courts Is Messing Up Politics] MU Times “Saturday Review,” 11/11/17]: As four newly Senate-approved federal appellate judges move into their chambers seven months after Neil Gorsuch joined the Supreme Court, they may seem to have vindicated conservatives who swallowed their qualms about Donald Trump last year out of a conviction that, whatever his flaws, he would save the judiciary.

New Roy Moore accuser expected to allege sexual assau [Montgomery Advertiser, 11/13/17]: A woman says Roy Moore sexually assaulted her as a minor in Alabama, and is scheduled to appear at a press conference in New York this afternoon.

Roy Moore's Defiant Brand Can't Protect Him This Time [Bloomberg, 11/13/17]: A sex scandal should offend his supporters' personal values; His professional conduct never did.

Legislation and the Legislative Process (TOPIC 20)


IV. Criminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law Profs Blawf] Here are some recent articles that are relevant to this unit :

FBI report reveals an approximate 5% increase in hate crimes in 2016 ;Jurist, 11/14/17]: The FBI released the 2016 Hate Crime Statistics on Monday revealing 7,321 recorded criminal offenses motivated by bias toward race, ethnicity, ancestry, religion, sexual orientation, disability, gender and gender identity in comparison to 6,885 of such bias-motivated offenses in the previous year.

 D.C. v. Wesby and 4th Amendment Perspective [SSRN, 11/2/17]: T As Justice Kagan noted during oral argument, the appropriate legal rule seems to change depending on whether we adopt the perspective of the arresting officers or the party-going arrestees.

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:

Doubling Down on a Deeply Troubling Argument in Masterpiece Cakeshop [“Take Care” blog, 11/14/17]: or a good reminder of why we have civil rights laws, consider the following statemens

Where do we learn to sexually harass each other? Why, in school, of course [SF Chron opinion, 11/14/17]: Locker-room talk. That’s what Donald Trump called the tape that went viral last year, showing him boasting about sexually assaulting women. He didn’t do the bad things on the tape, Trump said; he simply talked about them. Like you would, say, in a locker room at school.

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