^{Posts December 13, 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.2}

The Volokh Conspiracy" blog has relocated from The Washington Post to Reason.com: Where you can access it as often as you want with no paywall. The blog's home page can now be found at:

http://reason.com/volokh/

I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5^th edition of Constitutional Law] Some recent articles that are relevant to this unit:

Can We Get Rid of Alex Kozinski? [“The American Lawyer,” 12/12/17]: So far, the judge for the Ninth Circuit has shown no inclination of leaving in response to allegations brought by six women.

https://www.law.com/americanlawyer/sites/americanlawyer/2017/12/12/can-we-get-rid-of-alex-kozinski/?slreturn=20171113132431

II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5^th edition of Constitutional Law] Some recent articles that are relevant to this unit:

^{The American Presidency [TOPIC 15_}

Trump Poised to Set Record for Appeals Court Judges [Roll Call, 12/13/17]: Three more nominees set to be confirmed this week.

http://www.rollcall.com/news/politics/trump-poised-set-record-appeals-court-judges

Appeals panel upholds dismissal of defamation suit against Trump [NY Post / Bloomberg, 12/12/17]:  President Donald Trump has survived a GOP consultant’s attempt to revive her $4 million defamation case against him, with an appeals panel ruling that Cheryl Jacobus couldn’t show that his tweets calling her a “real dummy” hurt her career. A lower court tossed Jacobus’ Manhattan Supreme Court suit in January finding that Trump’s statements were opinion, not fact.

^{https://nypost.com/2017/12/12/appeals-panel-upholds-dismissal-of-defamation-suit-against-trump/}

^{https://www.bloomberg.com/news/articles/2017-12-12/n-y-court-upholds-dismissal-of-defamation-suit-against-trump}

Trump’s Combative Denials Again Draw Him Into the Sexual Harassment Debate [NY Times, 12/12/17]: President Trump put himself once more at the center of the sexual harassment debate on Tuesday, repeating his contention that the women who have accused him of misconduct fabricated the allegations and describing Senator Kirsten Gillibrand of New York, one of his leading critics, as a “lightweight” who “would do anything” for campaign contributions.

^{https://www.nytimes.com/2017/12/12/us/politics/trump-blames-democrats-for-false-accusations-from-women.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics&region=rank&module=package&version=highlights&contentPlacement=2&pgtype=sectionfront&_r=1}

The blame game begins inside the White House after Alabama stunner [CNN, 12/13/17]: As a cold morning broke at the White House on Wednesday, questions mounted about who was to blame for the remarkable loss in Alabama

^{http://www.cnn.com/2017/12/13/politics/inside-white-house-alabama-blame/index.html}

III.  The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5^th edition of Constitutional Law] Some recent articles that are relevant to this unit:

Decker: In stunning 2017 defeats, Republicans see vision of difficulties in 2018 [LA Times, 12/12/17]: Democrats who opened the year clashing among themselves and lamenting President Trump’s election have closed 2017 with victories that demonstrated their ability to weaponize party enthusiasm and draw a template for success in a sharply competitive battle for Congress in 2018. http://www.latimes.com/politics/la-na-pol-alabama-senate-analysis-20171212-story.html

Jones wins in stunning Alabama upset [AP, 12/12/17]:  In a stunning victory aided by scandal, Democrat Doug Jones won Alabama's special Senate election on Tuesday, beating back history, an embattled Republican opponent and President Donald Trump, who urgently endorsed GOP rebel Roy Moore despite a litany of sexual misconduct allegations.

^{https://apnews.com/e2f3c87b2f6b4c05b5e8f8cab38dd48c/Jones-wins-in-stunning-Alabama-upset}

^{Legislation and the Legislative Process (TOPIC 20)}

House, Senate Leaders Reach Deal on Tax Package [CNS, 12/13/17]: House and Senate GOP leaders forged an agreement Wednesday on a sweeping overhaul of the nation’s tax laws, paving the way for final votes next week to slash taxes for businesses and give many Americans modest tax cuts starting next year.

^{https://www.courthousenews.com/house-senate-leaders-reach-deal-on-tax-package/}

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

V. 1^st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5^th edition of Constitutional Law] Some recent articles that are relevant to this unit:

Facebook Messerger Kids—Good for Whom? [Justia, 12/13/17]: Professor Ramasastry comments on Facebook’s recently announced messenger app for kids. Ramasastry describes the key features of Facebook’s new program and explores the privacy and safety concerns that arise with this business model. She calls upon policymakers or advocacy groups to weigh in, as well, anticipating that this will not be the only business model aimed at kids in this manner.

https://verdict.justia.com/2017/12/13/facebook-messenger-kids-good

VI. 14^th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5^th edition of Constitutional Law] Some recent articles that are relevant to this unit:

A Comment on Some Misplaced and Dangerous Slippery-Slope Concerns About Masterpiece Cakeshop [“Narrowest Grounds” blog, 12/13/17]:  One concern one hears from various quarters (this episode of First Mondays, this column by Michael Dorf, Justice Kagan's questioning at oral argument, any number of amicus briefs) about Masterpiece Cakeshop's position in Masterpiece Cakeshopis that if wedding-cake designers who object to same-sex marriage have First Amendment rights not to service same-sex weddings, then so do makeup artists, hair stylists, florists, tailors, and just about any other wedding-related service provider with the same views.  All of them, the argument goes, might equally be said to be engaged in expression of a sort.  

http://narrowestgrounds.blogspot.com/2017/12/a-comment-on-some-misplaced-and.html

Another Federal Court Blocks Administration’’s ban on transgender military service [Jurist, 12/12/17]: US District Judge Marsha Pechman partially granted the preliminary injunction, finding the ban likely violates the plaintiffs' constitutional rights to equal protection, substantive due process, and First Amendment protections. Additionally, Pechman partially granted the government's motion to dismiss, finding the ban does not violate the plaintiffs' rights to procedural due process.

http://www.jurist.org/paperchase/2017/12/another-federal-court-blocks-trump-administrations-ban-on-transgender-military-recruits.php

En Banc 9th Circuit Takes Up California Teacher’s Pay-Inequity Case  [CNS, 12/12/17]: The en banc Ninth Circuit gave little indication Tuesday as to whether an employer can base an employee’s starting salary on salary history alone, a practice critics say perpetuates pay inequity between women and men.

https://www.courthousenews.com/en-banc-9th-circuit-takes-up-california-teachers-pay-inequity-case/