Thursday, November 30, 2017

Posts November 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 toaw, 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:

What Robert Bork Learned from Judicial Activism, Right and Left  Law and Liberty” blog, 11/29/17]: ave been thinking about Robert Bork recently, prompted in part by the 30th anniversary of his rejection by the Senate on November 23, 1987.  Next month will mark the fifth anniversary of his passing on December 19, 2012. Bork was profoundly influential in conservative legal circles when I graduated from law school in 1980 and started paying closer attention to constitutional theory. I was impressed with both Bork’s scholarly writings and his more polemical articles in publications such as National Review. A 1982 essay he wrote in NR, entitled “The Struggle Over the Role of the Court,” reprinted in his 2008 anthology A Time to Speak, remains timely—even prescient. Ramesh Ponnuru has called Bork’s 1990 book, The Tempting of America, written in the wake of his confirmation defeat, “the most important popular statement of judicial conservatism yet produced.”

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's tweets could again complicate effort to defend travel ban
[Wash Post, 11/29/17]:

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:

House Democrats Target Most California Republican Districts --]: The Democratic Congressional Campaign Committee has indicated the party will actively compete in 10 of the 14 California districts currently held by Republicans. In 2016, the DCCC listed four Republican-held districts as battlegrounds. 

Legislation and the Legislative Process (TOPIC 20)

It Started as a Tax Cut. Now It Could Change American Life [MY Times, 11/29/16]: The result is a behemoth piece of legislation that could widen American economic inequality while diminishing the power of local communities to marshal relief for vulnerable people — especially in high-tax states like California and New York, which, not coincidentally, tend to vote Democratic. All of this is taking shape at such extraordinary velocity, absent the usual analyses and hearings, that even the most savvy Washington lobbyist cannot be fully certain of the implications.

Why Washington Reacts 281More Slowly to Sexual Misconduct Allegations Than Hollywood [Justia, 11/29/17]: Dorf considers the recent spate of sexual misconduct allegations in the political sphere and entertainment industry, and notes how much less inclined to action and condemnation the former is compared to the latter. Dorf illustrates this point by considering the allegations against Donald Trump and Roy Moore, as well as various well-known Hollywood players, then evaluates several factors that may explain the contrast in reactions. Dorf concludes that the polarized, partisan state of our government, coupled with weak political parties, ultimately leaves Washington far more powerless to purge offending individuals than Hollywood.


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 :

Can You Track Me Now? [Slate, 11/30/16]: The Supreme Court weighs whether the government should be able to get its hands on your cellphone location data.

ustices Seem Ready to Boost Protection of Digital Privacy [NY Times / USA Today / Reuters / NPR, 11/29/17]: U.S. Supreme Court justices signaled on Wednesday they may impose limits on the ability of police to obtain cellphone data from wireless providers to track the location of criminal suspects in a major test of privacy rights in the digital age.

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

Walmart Pulls T-Shirts That Hint At Lynching Journalists [NPR, 11/30/17]: Walmart has removed a controversial T-shirt with a simple message — "Rope. Tree. Journalist. SOME ASSEMBLY REQUIRED" — from its website, after the Radio Television Digital News Association sent the largest retailer in the U.S. a note flagging the shirt's message.

rivacy, 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:


Cake stand [“Democracy in America blog in The Economist, 11/30/17]: A row over a wedding cake pits religious liberty against LGBT rights; A scholar's attempt to stand up for a socially conservative baker may not agree with Supreme Court precedent.

The Reliable Justice [Slate, 11/29/17]: Anthony Kennedy's equal rights rulings prior to Cakeshopshou should have been easy to predict.

California Law Doesn’t Require Employers to Keep Track of Sexual Harassment Complaints [CPR,  At Tuesday’s California Assembly hearing on sexual harassment prevention, chief administrator Debra Gravert stunned observers when she was asked how many victim complaints have come in during her three-and-a-half years on the job. “We do not track complaints. We only track investigations,” she responded.


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