Wednesday, November 15, 2017

Posts November 15, 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.

Can a Tennessee schos l replaca teacher swith computers? [EdLawProfs blog, 11/15/17]: The disputed issue in the case seems to be a narrower one: do students have the right to access a teacher?  The plaintiff says yes.  The school's attorney says no.

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:

The American Presidency [TOPIC 15_

Poll: 40 percent of voters believe Trump is fit to be president, a new low [Politico, 11/14/17]: The 40 percent mark is a new low for respondents to the Quinnipiac survey, which asked the same question in September and October. Fifty-seven percent of respondents to the latest poll said Trump is not fit for the office he holds. 

Trump returns home from Asia with few clear wins [Politico, 11/14/17]: The president says he strengthened his friendships and pointed to billions in new deals – but he failed to extract major concessions from China and others abroad.

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:

Fake news emerges as intractable threat to democratic elections [FAC, 11/14/17]: A report by Freedom House reveals that online manipulations and lies influenced elections in at least 18 countries during the last year, hurting the  electorates’ ability to decide on issues and candidates on the basis of truthful information and legitimate debate. The 2016 presidential elections in the U.S. was marred by fake news articles, partisan vitriol and harassment of journalists.

Arizona Accused of Violating Voter Registration Act, Burdening Minorities [CNS, 11/15/17]: Arizona state agencies are systematically violating the National Voter Registration Act, burdening and impeding voter registration among minorities, the ACLU told Arizona Secretary of State Michele Reagan in a letter Tuesday.

Legislation and the Legislative Process (TOPIC 20)

Republican senators add repeal of individual health care mandate to tax bill [NPR, 11/14/17]:- The Congressional Budget Office said last week that such a repeal would reduce federal deficits by $338 billion over the next 10 years, which would help the GOP avoid exceeding a $1.5 trillion cap on how much the tax bill can add to the deficit over the same time period. The repeal would also increase the number of uninsured by 13 million by 2027, according to the CBO.

CHARTS: Here's How GOP's Tax Breaks Would Shift Money To Rich, Poor Americans [CPR, 11/14/17]: So, $1.4 trillion is a lot of money. It's what all of the NFL teams together are worth, and then some. It's more than twice the Defense Department's 2016 budget. It's enough to buy nearly 3.2 million homes at the median U.S. home price right now. It's also roughly the amount that the proposed Republican tax overhaul would add to the deficit over 10 years — not even counting interest

The fight over health coverage for children, pregnant women [Capitol Weekly, 11/14/17]” Health insurance coverage for 1.3 million California children and pregnant women is at risk because of Congress’ delay in extending the Children’s Health Insurance Program. While the House recently approved a bill to extend the program for five years, the bill still needs approval by the Senate and a fight is expected about how to pay for the extension

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 :

UCLA basketball trio arrives home from China; Trump calls their actions 'unfortunate' [APm 11/14/17]; The players do not face any charges in China, according to a person close to the situation not authorized to comment publicly because of the sensitivity of the situation, but any punishment levied by UCLA has not been determined.

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 most respected Supreme Court reporter of her generation slams media 'objectivity [Vox, 11/14/17];  Linda Greenhouse on why 'the opposite of objectivity isn't partisanship'

California, anonymity for online reviewers is slipping away" [“On the Case” blog, 11/14/17]:   For people who post anonymous reviews online – and for consumers who rely on those reviews – there’s both good and bad news in a decision Monday from the 4th Appellate District of the California Court of Appeal in Yelp v. Gregory Montagna.

Do Trump’s Attacks on CNN Render Unconstitutional the Justice Department’s Effort to Block AT&T’s Acquisition of Time Warner? [Justia, 11/16/18]: Professor Dorf considers how President Trump’s attacks on CNN affect the Justice Department’s efforts to block AT&T’s proposed purchase of Time Warner (by requiring AT&T to sell off Turner Broadcasting, the parent company of CNN, or DirecTV). As Dorf points out, illicit intent can taint policies that without such intent would pass constitutional muster. Dorf explains why AT&T likely can meet the threshold of making a “credible showing of different treatment of similarly situated persons” to advance allegations of selective prosecution based on free speech.

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:

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