Law Commons^™

Law In An Era Of 'Smart' Technology, Susan W. Brenner

School of Law Faculty Publications

Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced?

Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century. Brenner draws upon recent technological advances, evaluating how developing technologies may alter how humans interact with each other and with their environment. She analyzes the development of technology as shifting from one of "use" to one of "interaction," and argues that this interchange needs us to reconceptualize our approach to legal rules, …

Survey Of Cooperation Among Clinical, Pro Bono, Externship And Legal Writing Faculty, Susan Wawrose, Sarah E. Ricks

School of Law Faculty Publications

Recent surveys by a committee of the Legal Writing Institute (LWI) show that many legal writing faculty around the country are engaged in exciting and creative collaborations with their colleagues in clinics and in externship and pro bono programs. Faculty from these different programs work together around course and curriculum planning, on large and small teaching initiatives, and on scholarship. Whether the proper metaphor for this type of collaboration is collision or something more constructive, the inspiring fact is that these collaborations are taking place.

Rethinking Ableman V. Booth And States’ Rights In Wisconsin, Jeffrey M. Schmitt

School of Law Faculty Publications

Ableman v. Booth occupies a significant place in constitutional history for upholding the Fugitive Slave Act of 1850 and presenting the antebellum Supreme Court’s theory of federalism. This note presents a new interpretation of the states’ rights movement in Wisconsin that necessitated the Supreme Court’s ruling in Ableman and argues that, viewed in this historical context, the decision was a complete failure. When a fugitive slave was captured in Milwaukee, Wisconsonites wished to reject the principles of the Fugitive Slave Act in response to the Kansas-Nebraska Act but were not yet willing to violate the law.

The Supreme Court of …

Bullshitting The People: The Criminal Procedure Implications Of A Scatalogical Term, Andrew E. Taslitz

School of Law Faculty Publications

When, if ever, is it appropriate for the police to lie to members of the American People about their constitutional rights, mislead them about the rights' content, fail to mention them at all, or discourage their exercise? This paper seeks to answer that question by drawing on the philosophical literature on the nature and social value (or harm) of bullshit and on psychological research relevant to the same concept to craft what is ultimate a political position on the question.

Symposium: Envisioning A More Democratic Global System: On The First Branch Of Global Governance, Andrew L. Strauss

School of Law Faculty Publications

For those interested in democratizing global governance, the threshold question of whether to pursue a popularly elected global parliament is often one of political feasibility. This article compares the potential achievability of four different strategic approaches to initiating a global parliament: Amendment of the United Nations Charter; Creation by the United Nations General Assembly as a Subsidiary Organ; Civil Society Organized Elections; And Interstate Treaty Process. The article concludes with a short discussion of how a global parliament could contribute to a more peaceful global order.

Considering Global Democracy: An Introduction To The Symposium 'Envisioning A More Democratic Global System', Andrew L. Strauss

School of Law Faculty Publications

This introduction to the symposium "Envisioning a More Democratic Global System," held at Widener University School of Law in the spring of 2006, provides a conceptual overview of symposium papers published in Volume 13:2 of the Widener Law Review. The papers fall into two groups. As a reference point for understanding how the democratization of the international system can occur, the first group examines the process of democratization at the national level. The second group of papers forward and assess specific proposals for democratizing the global system with a particular emphasis on the proposal for a global parliament.

Papers discussed …