Thursday, November 9, 2017

Posts November 9, 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:

'Rapid Ruth' Ginsburg is quick with justices' first opinion [AP. 11/9/17]: Supreme Court Justice Ruth Bader Ginsburg is proving why she has called herself “Rapid Ruth” for her speed at writing opinions. The Supreme Court on Wednesday handed down its first opinion in a case heard this term. And it was Ginsburg, the court’s oldest justice, who authored the unanimous opinionThe Supreme Court began its new term in October. The case decided Wednesday was argued on Oct. 10. Releasing an opinion in less than a month is quick by Supreme Court standards. The court ruled that a woman who had appealed her employment  iscrimination case had it improperly dismissed.

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]

 To What Extent Can Gov. Brown Pursue Foreign Policy? [CPR, 11/8/17]: During his trip to Europe this week, California Governor Jerry Brown is urging foreign governments to bypass the Trump administration and coordinate with states to reduce greenhouse gas emissions. Former U.S. ambassador Charles Reis says it’s common for politicians to undertake international trips, trade agreements, and even public disputes with federal policy.

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:

On election night, Democratic voters erect “big blue wall” on the West Coast [SJ Nerc, 11/8/17]:  On an election day when Democratic candidates unseated their Republican rivals in races from Virginia to Maine to New Jersey, delivering what the Seattle Times called the “GOP’s most significant day of defeat in the young Trump presidency,” Dhingra’s victory in Washington state over Republican Jinyoung Englund means the West Coast is now the solid center of the resistance, with Democrats controlling legislatures and governorships from Seattle down to San Diego. 

The Russian Meddling in the 2016 Election: The Internet Meets the Democratic System [Justia, 11/9/17]: Professor Hamilton calls upon social media giants, particularly Facebook, to act morally and implement safeguards to protect the democratic process, or else be regulated by Congress. Hamilton points out that Facebook has amassed more data about individual people than any other company in the world, and it should shoulder the burden of handling that data responsibly rather than for the pure purpose of profit.


Trump voters: We'd do it again [Politico, 11/9/17]: According to a Politico/Morning Consult poll conducted on the eve of the first anniversary of Trump's historic election, 82 percent of those who say they supported Trump last year would vote for him again if they had to do it over. That's slightly more than those who say they would vote for Democrat Hillary Clinton again — 78 percent — if they had the chance.

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 :

New York Courts Say: Hand It Over [Marshall Project, 11/8/17]: More than 50 years ago, the Supreme Court ruled in Brady v. Maryland that prosecutors must hand over evidence to defendants that could help them at trial. Yet “Brady violations,” as they’re known — instances when the prosecution doesn’t turn over this material — continue to drive wrongful convictions. Thirty-eight percent of the 234 exonerations in New York state have involved withheld Brady material, according to the National Registry of Exonerations.

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:

We’re a Big Part of the Fix for “Junk News” [Newseum, 11/8/17]: Individual consumers bear just as much responsibility as social media companies in the fight against junk news.

Federal appeals court delivers hit on anonymous online speech [FAC, 11/8/17]: The Ninth Circuit U.S. Court of Appeals put a crimp in First Amendment protections for anonymous speech online in its opinion on U.S. v. Glassdoor. The court found for the federal government in its quest to discover the identities of online reviews by employees of their government employers.
The opinion in U.S. v. Glassdoor can be found at:

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:

Swing Justice John Roberts [Slate, 11/8/17]: If he follows his own precedents, the chief justice will vote to protect gay couples from discriminatory cake-makers.

International Law, Citizenship and Immigration [TOPIC 40-42]

Syria agrees to join Paris Climate Accord [Jurist, 11/9/17]: Syria announced on Tuesday during UN Climate Change Conference (COP23) [official website] in Bonn, Germany, that the nation is poised to send its ratification of the Paris Climate Accord to the UN. The Syria People's Assembly voted to approve ratification of the agreement last month.

Spain constitutional court annuls Catalan independence declaration [Jurist, 11/8/17]: Spain's Constitutional Court on Wednesday declared the Catalan independence declaration to be unconstitutional. The court initially nullified the October 27 declaration of independence while it studied its legality. The secession vote passed by 70-10 margin in the 135-seat Catalan parliament.


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