Nanci Griffith sings about the case resulting in the execution of of Philip Workman and the legal system's challenges.
videos, music, websites, articles, movies, and popular culture resources for use in the undergraduate law classroom
Friday, March 28, 2014
Thursday, March 27, 2014
Street Level Legal Interpretation
Criminal law is statutory. Sometimes circumstances requires street-level analysis and legal interpretation by the hard working public servants entrusted with the first line enforcement of these laws. Thorny gray areas become evident, as this video suggests:
Wednesday, March 26, 2014
Contempt of Court
Students who watch the movie, My Cousin Vinny, are sometimes surprised by the contempt rulings against Vinny for failing to comply with courtroom decorum and question whether that is merely a fictional device to garner laughs. Well, here is Judge Joe Brown, formerly of TV curt show fame, found in contempt of court and sent to jail as a result of his courtroom conduct. It happens.
Raw audio:
Raw audio:
Monday, March 24, 2014
Pay The Piper, or He Sings
From the fable of A-Rod and the MLB:
If you into a serious legal dispute, you need a lawyer. If you need a lawyer, then you need to pay a lawyer's fee. If you don't pay the fee, then you get into a legal dispute with the lawyer who helped you with your legal dispute. If you get into a legal dispute with the lawyer who helped you with your legal dispute, then your lawyer will disclose all the secrets that he hid for you in order to prove that you needed a lawyer's help with your legal dispute. To try to safeguard those secrets, you will need a lawyer to help you with the legal dispute with the lawyer who helped you with your legal dispute. And the carousel spins round and round again, etc.
If you into a serious legal dispute, you need a lawyer. If you need a lawyer, then you need to pay a lawyer's fee. If you don't pay the fee, then you get into a legal dispute with the lawyer who helped you with your legal dispute. If you get into a legal dispute with the lawyer who helped you with your legal dispute, then your lawyer will disclose all the secrets that he hid for you in order to prove that you needed a lawyer's help with your legal dispute. To try to safeguard those secrets, you will need a lawyer to help you with the legal dispute with the lawyer who helped you with your legal dispute. And the carousel spins round and round again, etc.
Friday, March 14, 2014
Thursday, March 13, 2014
Law, Politics, Religion, and Irony
On Feb. 26th, ArizonaGovernor Jan Brewer vetoed the bill passed by the state legislature that would
have authorized discrimination in the provision of services if providing such
services offended a religious conviction. Since that time, a host of politicians and political commentators have rushed forward to protect
Christians against what is alleged to be discrimination, bullying, and
victimization for not allowing them to discriminate, bully and victimize others
on the basis of a devout belief in the teachings of Jesus Christ.
Although the irony in such an argument was obvious, I was struck at the time
by a more subtle, but equally evident irony found in the inability of another
story to generate any similar Christian outrage.
Two days prior to the
Arizona legislature's passage of the bill designed to protect Christians from
government trampling their fervent beliefs to discriminate against people who
are born with qualities deemed to be undesirable in the eyes of the righteous,
a 84 year old devout Catholic nun and two equally devout companions were sent
to prison by the federal government for practicing their deeply held religious
conviction of advocating for peace. The three activists broke into the
federal facility known as the Fort Knox of uranium, where the nation's
principal cache of weapons grade material is kept. Once inside:
At sentencing, one of
the activists told the judge, "I was acting upon my God-given obligations as a follower of Jesus Christ." Federal officials
acknowledge that they never posed an actual threat to anyone.
So, where is the
outrage? Where are the Michelle Bachmans and the Mike Huckabees and the
other self-appointed defenders of religious ideology against tyranny clamoring
for justice?
Acting on deep religious conviction, three advocates for peace harm no one and are sent to prison. They are ignored by the Christian mouthpieces.
A bill that would have
authorized the public shaming of persons whose innate traits are deemed
undesirable by misguided and irrational religious fervor is vetoed and
statements of religious persecution are shouted from every available political
pulpit.
The legal lesson in this
story is the role of politics in shaping policy. Law is what the government
says it is. The government is a political process. We are selling our students
short if we do not give them ample opportunity to explore the connection.
No high powered Christian mouthpiece outrage for devoutly religious peace activism:
)
Irrational, high-volumed Christian outrage for being denied the privilege of lawful discrimination:
)
Irrational, high-volumed Christian outrage for being denied the privilege of lawful discrimination:
)
Wednesday, March 12, 2014
Pondering Judicial Ideology
Here is an exercise regarding judicial decision-making
and ideology. The
Commerce Clause in the Constitution grants the federal government the power
to “regulate commerce among the several states….” In a series of decisions from the New Deal in the 1930’s
to the Civil
Rights era of the early 1960’s, the Supreme Court has interpreted the Commerce
Clause power so as to confer a very expansive power on Congress to regulate
even very local activity.
However, in U.S. v.
Lopez (1995) the Supreme Court took a very restrictive view of the Commerce
Clause. Putting a halt to 50 years of expansive Commerce Clause
interpretations, the court struck down the federal government’s attempt to ban
guns from schools. The court said:
To uphold the government’s contention here, we would have to pile
inference upon inference in a manner that would bid fair to convert
Congressional authority under the Commerce Clause to a general police power of
the sort retained by the states. Admittedly, some of our prior cases have taken
long steps down that road, giving great deference to congressional action. The
broad language in those opinions has suggested the possibility of further
expansion, but we decline here to proceed any further. To do so would require
us to conclude that the Constitution’s enumeration of powers does not
presuppose something not enumerated, and that there never will be a distinction
between what is truly national and what is truly local. This we are unwilling to do.
Ten years later, in Gonzales
v. Raich, the same court (with no turnover in personnel) took a very
expansionist view of the Commerce Clause in upholding the power of the federal
government to regulate marijuana sale, use and possession, even in the face of
legalization by the State of California and even applying to a plaintiff who
grew her own medicinal marijuana in her own house. The Court relied heavily on the
1942 decision in Wickard v. Filburn
where the federal government was allowed to control the quantity of wheat grown
by farmers – even wheat that was sewn, harvested and used on the farmer’s own
11 acres. This is one of the decisions that was soundly rejected in Lopez. Indeed, in oral argument in Raich, Justice Scalia said, “I always
used to laugh at Wickard.” Yet,
in his concurring opinion, he relies upon it.
Let’s take a look at the votes in each
case:
Lopez:
5 justices in favor of restricted
federal power: Kennedy, O’Connor,
Rhenquist, Scalia and Thomas
4 justices in favor of more expansive
power: Breyer, Ginsburg, Stevens, Souter
Raich:
3 justices in favor of restricted federal
power: O’Connor, Rhenquist, Thomas
6 justices in favor of more expansive
power: Breyer, Ginsburg, Kennedy, Scalia, Stevens and Souter
So, what’s going on here? Can the two
decisions be reconciled on judicial ideology of expansive vs. restrictive federal
powers? Or is there a social
conservativism expressed by the Kennedy and Scalia switch when it comes to
smoking pot? If this is true, is it
possible that a judge’s social preferences may color his or her law-making? Is “the
rule of law” shaped by a judge’s law of social rules?
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