SUNDAYS AT JASA WINTER/SPRING 2023 SEMESTER

The Supreme Court: When Law and Politics Collide
10:30am – 11:30am  Instructor: Leora Harpaz
In recent years, the U.S. Supreme Court has involved itself in numerous controversies that have had significant political ramifications. Whether it is redistricting, voting rights, abortion, guns, climate change, or immigration, just to name some of the issues, the Court’s actions have involved it in major political controversies. This course will examine the Court’s recent actions in areas of political significance as well as look ahead to other issues that may reach the Court.

Please use the following link if you would like to make suggestions for topics you would like covered in upcoming classes:

http://www.lharpaz.com/ContinuingEd/JASA/suggestions/

Material on this page is available at http://www.lharpaz.com/ContinuingEd/JASA/supctlawpoliticscollidespring2023.html

Class 10 - Apr. 17, 2023

IRS Tax Preparer Penalties: https://www.irs.gov/payments/tax-preparer-penalties

Class 9 - Apr. 3, 2023

Article I, Section 9:
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.



Class 8 - Mar. 27, 2023


IDEA provision - 20 U.S.C. §1415(l):

“Nothing in this chapter shall be construed to restrict or limit the rights, procedures, & remedies available under the Const., the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Fed’l laws protecting the rts of children with disabilities, except that before the filing of a civil action under such laws seeking relief that is also available under this subchapter, the procedures under subsections (f) & (g) shall be exhausted to the same extent as would be required had the action been brought under this subchapter.”


Appointments Clause, Article II, Section II:
“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Vesting Clause, Article II, Section I:

"The executive power shall be vested in a President of the United States."

Article I, Section 5.

Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.

Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

 IDEA provision - 20 U.S.C. §1415(l):

“Nothing in this chapter shall be construed to restrict or limit the rights, procedures, & remedies available under the Const., the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Fed’l laws protecting the rts of children with disabilities, except that before the filing of a civil action under such laws seeking relief that is also available under this subchapter, the procedures under subsections (f) & (g) shall be exhausted to the same extent as would be required had the action been brought under this subchapter.”



Class 7 - Mar. 20, 2023

Appointments Clause, Article II, Section II:
“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Vesting Clause, Article II, Section I:

"The executive power shall be vested in a President of the United States."

Article I, Section 5.

Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.

Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.


Class 6 - Mar. 13, 2023

Jean-Francois Millet's "First Steps" Drawing

Vincent van Gogh's Painting "First Steps, After Millet"

Roy Lichtenstein's "Drowning Girl"

Secret Hearts, DC Comics 1962, illustrated by Tony Abruzzo

Warhol's Campbell Soup Cans at the Museum of Modern Art


Art. I, Sec. 4:
"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of choosing Senators."

Appointments Clause, Article II, Section II:
“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Vesting Clause, Article II, Section I:

"The executive power shall be vested in a President of the United States."


Class 5 - Mar. 6, 2023

Anti-Terrorism Act: Civil Remedies
(a) Action and Jurisdiction.—
Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees.
. . . .

(2) Liability.—
In an action under subsection (a) for an injury arising from an act of international terrorism committed, planned, or authorized by an organization that had been designated as a foreign terrorist organization . . . liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism.


Section 230 of the Communications Decency Act of 1996
                         
47 U.S.C. § 230 - Protection for Private Blocking and Screening of Offensive Material

(a)   Findings
The Congress finds the following:
        (1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens.
        (2) These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops.
        (3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.
        (4) The Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation.
        (5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services.
                
(b) Policy
It is the policy of the United States
        (1) to promote the continued development of the Internet and other interactive computer services and other interactive media;
        (2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation;
        (3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services;
        (4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their childrens access to objectionable or inappropriate online material; and
        (5) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer.

(c) Protection for Good Samaritan blocking and screening of offensive material
        (1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
        (2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of
        (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
        (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).{This reference to paragraph (1) should probably be a reference to paragraph (A).}

(d) Obligations of interactive computer service
A provider of interactive computer service shall, at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider, notify such customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Such notice shall identify, or provide the customer with access to information identifying, current providers of such protections.

(e) Effect on other laws
        (1) No effect on criminal law
Nothing in this section shall be construed to impair the enforcement of section 223 or 231 of this title, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute.
        (2) No effect on intellectual property law
Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property.
        (3) State law
Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.
        (4) No effect on communications privacy law
Nothing in this section shall be construed to limit the application of the Electronic Communications Privacy Act of 1986 or any of the amendments made by such Act, or any similar State law.

(f) Definitions
As used in this section:
        (1) Internet
The term Internet means the international computer network of both Federal and non-Federal interoperable packet switched data networks.
        (2) Interactive computer service
The term interactive computer service means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
        (3) Information content provider
The term information content provider means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.
        (4) Access software provider
The term access software provider means a provider of software (including client or server software), or enabling tools that do any one or more of the following:
        (A) filter, screen, allow, or disallow content;
        (B) pick, choose, analyze, or digest content; or
        (C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.

Arkansas Times v. Waldrip

Arkansas Code Section 25-1-502 - Definitions
As used in this subchapter:
(1)
(A)
(i) "Boycott Israel" and "boycott of Israel" means engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner.

Arkansas Code Sec. 25-1-503 - Prohibition on contracting with entities that boycott Israel

(a) Except as provided under subsection (b) of this section, a public entity shall not:

(1) Enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel; or
(2) Engage in boycotts of Israel.

(b) This section does not apply to:

(1) A company that fails to meet the requirements under subdivision (a)(1) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or
(2) Contracts with a total potential value of less than one thousand dollars ($1,000).


RESTRICTION OF BOYCOTT OF ISRAEL CERTIFICATION

Pursuant to Arkansas Code Annotated §25-1-503, a public entity shall not enter into a contract valued at $1,000 or greater with a company unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.

By signing below, the Contractor agrees and certifies that they do not currently boycott Israel, and will not boycott Israel during any time in which they are entering into, or while in contract, with the University of Arkansas — Pulaski Technical College. If at any time after signing this certification the contractor decides to engage in a boycott of Israel, they must notify the University of Arkansas — Pulaski Technical College in writing.
If the Contractor currently boycotts Israel, or engages in the boycott of Israel while in contract with the University of Arkansas — Pulaski Technical College, see Arkansas Code Annotated §25-1-503.


Class 4 - Feb. 27, 2023

Parody Lawyer Song: https://onward.justia.com/the-law-in-music-20-cool-songs-about-courtrooms-lawyers-and-the-law/

or

https://www.youtube.com/watch?v=Xs-UEqJ85KE


New York Constitution, Art VI, Sec. 2(e):
"The governor shall appoint, with the advice and consent of the senate, from among those recommended by the judicial nominating commission, a person to fill the office of chief judge or associate judge, as the case may be, whenever a vacancy occurs in the court of appeals; provided, however, that no person may be appointed a judge of the court of appeals unless such person is a resident of the state and has been admitted to the practice of law in this state for at least ten years. The governor shall transmit to the senate the written report of the commission on judicial nomination relating to the nominee."


Art. II, Sec. 1, Vesting Clause:
The executive power shall be vested in a President of the United States.

Art. II, Sec. 2, Clause 2, Appointments Clause:
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.


Class 3 - Feb. 20, 2023

South Carolina Constitution, Art. I, § 10. Searches and seizures; invasions of privacy.

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, the person or thing to be seized, and the information to be obtained. (1971)


New York Constitution, Art VI, Sec. 2:
"The governor shall appoint, with the advice and consent of the senate, from among those recommended by the judicial nominating commission, a person to fill the office of chief judge or associate judge, as the case may be, whenever a vacancy occurs in the court of appeals; provided, however, that no person may be appointed a judge of the court of appeals unless such person is a resident of the state and has been admitted to the practice of law in this state for at least ten years. The governor shall transmit to the senate the written report of the commission on judicial nomination relating to the nominee."


Class 2 - Feb. 13, 2023

Hustler Magazine v. Falwell - Campari Ad - Full Ad

Hustler Magazine v. Falwell - Campari Ad - Close Up of Some Text


14th Amendment, Sec. 4, Sentence 1:
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.

14th Amendment, Sec. 4, Sentence 2:
But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Perry v. United States:
“The Fourteenth Amendment, in its fourth section, explicitly declares: ‘The validity of the public debt of the United States, authorized by law, . . . shall not be questioned.’ While this provision was undoubtedly inspired by the desire to put beyond question the obligations of the Government issued during the Civil War, its language indicates a broader connotation. We regard it as confirmatory of a fundamental principle, which applies as well to the government bonds in question, and to others duly authorized by the Congress, as to those issued before the Amendment was adopted. Nor can we perceive any reason for not considering the expression ‘the validity of the public debt’ as embracing whatever concerns the integrity of the public obligations.
We conclude that the Joint Resolution of June 5, 1933, in so far as it attempted to override the obligation created by the bond in suit, went beyond the congressional power.”

Article I, Sec. 4:
The Times, Places and Manner of holding Elections for . . . Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.


Class 1 - Feb. 6, 2023

Goldsmith Photo and Warhol Orange Image

Jack Daniel's Whiskey Bottle and Bad Spaniels Dog Toy


Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Toth v. United States: Dissent by Justice Gorsuch:
“This decision is difficult to reconcile with our precedents. We have recognized that the Excessive Fines Clause ‘traces its venerable lineage’ to Magna Carta and the English Bill of Rights. We have held that ‘[p]rotection against excessive punitive economic sanctions’ is ‘fundamental’ and ‘deeply rooted in this Nation’s history and tradition.’ And all that would mean little if the govt could evade const’al scrutiny under the Clause’s terms by the simple expedient of fixing a ‘civil’ label on the fines it imposes & declining to pursue any related ‘crim’l’ case. Far from permitting that kind of maneuver, this Ct has warned the Constitution guards against it. Nor is a statutory penalty beneath constitutional notice because it serves a “remedial” purpose. Really, the notion of ‘nonpunitive penalties’ is ‘a contradiction in terms.’ Just take this case. The govt did not calculate Ms. Toth’s penalty with reference to any losses or expenses it had incurred. The govt imposed its penalty to punish her &, in that way, deter others. Even supposing, however, that Ms. Toth’s penalty bore both punitive and compensatory purposes, it would still merit constitutional review. Under our cases a fine that serves even ‘in part to punish’ is subject to analysis under the Excessive Fines Clause.”