^{Posts December 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.2}

^{Three Big Constitutional Lessons of 2017 That Are Not Fully Appreciated [Justia, 12/15/17]: Professor} Amar describes three important constitutional takeaway lessons from 2017. First, improper motive is the key to attacking many government actions, but it is a difficult ground on which to succeed. Second, the US Supreme Court seems to take a different position from that of lower courts on a number of issues. Finally, many norms that people assume are enshrined in the Constitution are actually not.

^{https://verdict.justia.com/2017/12/15/three-big-constitutional-lessons-2017-not-fully-appreciated?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2017-12-15-education-law-575800011b&utm_content=text-verdict-title-1}

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:

How Do You Solve A Problem Like Kozinski? [Simple Justice” blog / SF Chron, 12/14/17]: Chief Judge Sidney Thomas has announced that a a fprmal inquiry has ben initiated into allegations of misconduct by Ninth Circuit Judge Alex Kozinski.

^{.html https://blog.simplejustice.us/2017/12/15/how-do-you-solve-a-problem-like-kozinski/}

http://www.sfgate.com/bayarea/article/Federal-judge-in-SF-under-investigation-over-12432288.php

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:

FCC repeals net neutrality rules; at least 2 state AGs plan to challenge ^{[ABA Journal / Reuters / Jurist, 12/14/17]:} At least two state attorneys general announced they will join a multistate lawsuit challenging Thursday's decision by the Federal Communications Commission to repeal net neutrality rules requiring internet providers to provide equal access to apps and websites.

^{http://www.abajournal.com/news/article/fcc_repeals_net_neutrality_rules_state_ags_plan_a_multistate_challenge}

^{https://www.reuters.com/article/us-usa-internet-election-analysis/net-neutrality-repeal-gives-democrats-fresh-way-to-reach-millennials-idUSKBN1E901R?feedType=RSS&feedName=politicsNews}

^{http://www.jurist.org/paperchase/2017/12/fcc-votes-to-repeal-net-neutrality-regulations.php}

^{The American Presidency [TOPIC 15_}

AP Fact Check: Trump's iffy numbers on regulation [AP, 12/15/17]: President Donald Trump and his administration are ignoring one side of the ledger when they claim big savings from the federal regulations they've been able to roll back over most of this year.

^{http://hosted.ap.org/dynamic/stories/U/US_TRUMP_REGULATIONS_FACT_CHECK}

Trump's tweets were too vague and subjective to be defamatory, appeals court says [ABA Journal, 12/14/17]: An appeals court in New York has affirmed dismissal of a lawsuit that claimed Donald Trump defamed a guest television commentator in his tweets during the presidential campaign.

^{http://www.abajournal.com/news/article/trumps_tweets_were_too_vague_and_subjective_to_be_defamatory_appeals_court/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email}

One Less Senate Vote Could Mean More Headaches for GOP [WSJ, 12/14/17]: With margin reduced to 51-49, approving nominations and passing legislation get tougher.

^{https://www.wsj.com/articles/one-fewer-senate-vote-could-mean-more-headaches-for-gop-.1513269152?shareToken=st8484b0f62dc046edb080bc08c20dfc59&reflink=article_email_share}

Kamala Harris says Trump should resign [Politico, 12/14/17]: Kamala Harris on Thursday called for President Donald Trump to resign over accusations of sexual harassment and assault, becoming the seventh senator to publicly call for Trump’s resignation.

^{https://www.politico.com/story/2017/12/14/kamala-harris-trump-should-resign-296082}

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:

Once Unthinkable, Now Possible: Senate Looks Like a Tossup in 2018 [NY Times, 12/14/17]: At this time last year, the Democratic path to Senate control seemed impossible: Hold all of the Democratic seats, flip Arizona and Nevada, then hope for a miracle. The Democrats got the political version of a miracle on Tuesday.

^{https://www.nytimes.com/2017/12/14/upshot/senate-democrats-2018-midterms.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics&region=stream&module=stream_unit&version=latest&contentPlacement=5&pgtype=sectionfront&_r=0}

Paul Ryan Sees His Wild Washington Journey Coming to An End [Politico, 12/14/17]: He felt he was ‘made for this moment.’ But now, on the verge of achieving his long-sought legislative dream, he’s got his eyes on the exits. 

^{https://www.politico.com/magazine/story/2017/12/14/paul-ryan-retire-speaker-ready-leave-washington-216103}

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

^x

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:

A Mass Incarceration Mystery A Mass Incarceration Mystery [Marshjall Project, 12/14/17]: Why are black imprisonment rates going down? Four theories.

^{https://www.themarshallproject.org/2017/12/15/a-mass-incarceration-mystery?ref=hp-1-112}

Judge Finds New Orleans Debtors’ Prison Unconstitutional  [CNS, 12/15/17]: By charging poor prisoners fees they are unable to pay and relying on those fees to fund the court and pay salaries, Orleans Parish Criminal District Court is violating the Constitution, a federal judge ruled this week.

^{https://www.courthousenews.com/judge-finds-new-orleans-debtors-prison-unconstitutional/}

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:

What If the Founders Had Free Speech Wrong? [Bloomberg, 12/14/17]: A scholar's jarring claim: America's framers meant to protect a lot less speech than most of us think.

https://www.bloomberg.com/view/articles/2017-12-14/what-if-the-u-s-has-free-speech-all-wrong

Hospital worker fired for refusing flu shot isn't a victim of religious discrimination, U.S. court says [Harrisburg (PA.) Patriot0News, 12/14/17]:

 A hospital worker who was fired for refusing to get a flu shot can't claim he was discriminated against on religious grounds, a federal court panel ruled Thursday.

http://www.pennlive.com/news/2017/12/hospital_worker_fired_for_refu.html

The case is Erudden v. Pilling and can be found at:

https://law.justia.com/cases/federal/appellate-courts/ca9/15-15448/15-15448-2017-12-11.html

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:

The #MeToo Moment: How One Harasser Can Rob a Generation of Women [NY Times, 12/14/17]: Last week Heidi Bond, a former law clerk to Judge Alex Kozinski, accused the prominent judge of sexually harassing her while she was working in his chambers a decade ago.

https://www.nytimes.com/2017/12/14/us/how-one-harasser-can-rob-a-generation-of-women.html?_r=0

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

Federal investigation finds 'significant issues' at immigrant detention centers [NPR, 12/14/17]: Immigrants detained at four large centers used by Immigration and Customs Enforcement are subject to inhumane treatment, given insufficient hygiene supplies and medical care, and provided potentially unsafe food, according to a federal report. 

^{https://www.scpr.org/news/2017/12/14/78930/federal-investigation-finds-significant-issues-at/}