SelectedWorks @ Widener University Commonwealth Law School
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Has Congress Slimmed Down The Hogs?: A Look at the BAPCA Approach to Pre-Bankruptcy Planning
No full textNineteenth Century Visions of a Twenty-First Century Bar: Were Dickens’s Expectations for Lawyers Too Great?
No full textThe Many Sides of Immigration Law and Policy
No full textAt First Glance, immigration law might appear as a narrow and secluded area of the law. While practicing andstudying immigration law does require focused expertise, immigration law, in fact, has strong connections to many other areas of law, and the field itself is diverse. The number of immigration cases in the federal courts has increased greatly over the last five years.This increase has led to court reform proposals that exemplify the nexus between immigration law and other legal issues
Who’s Afraid of William Shakespeare?: Confronting Our Concepts of Justice and Mercy in The Merchant of Venice
No full textJudaism and John Paul II: Coming to Grips With What Law Means in the Hands of God
No full textThroughout his papacy, Paul John Paul II stressed the necessity for Catholics to learn from their “elder brothers,” the Jews, both so Catholics would better understand their world and also so they could better understand their own Catholic faith. Throughout his own life, Pope John Paul II learned five lessons about law from his Jewish brothers and sisters. First, he learned that law should be made not as men are inclined to make it, “carried away on the tumultuous wave of self-interest and instinct,” but that law must be made as God makes it. Second, in the spirit of God, law must be motivated and activated by love. Third, consistent with this spirit of love, law must see those it impacts with loving eyes. It must recognize in each person it impacts “the dignity of the human being, made in the image of God,” a dignity that entitles each person to “universal, inviolable, inalienable rights,” and out of that recognition, law must seek to “acknowledge, respect, and promote” that dignity. Fourth, Pope John Paul II learned that law must seek to be centered in truth. Fifth and finally, John Paul II learned that this law of love necessarily hungers for community and seeks “to work for the common good.”
This paper discusses how these lessons are, in fact, taught by the Jewish experience with law and then mirrored in law as communicated by Christ and embraced by the Church. Having sought to capture the meaning of law in the hands of God, the paper considers the implications these lessons offer for law in the hands of men generally and more specifically in the American political experience
Parsing Personal Predilections: A Fresh Look at the Supreme Court’s Cruel and Unusual Death Penalty Jurisprudence
No full textPreparing Your Witness: Do’s and Don’ts
No full textEffective witness preparation begins when you find the best witnesses for your case. No matter how well you prepare your witnesses, if other witnesses could have presented more compelling testimony, you have not done your best
Changing Expectations of Privacy and the Fourth Amendment
No full textPublic attitudes about privacy are central to the development of fourth amendment doctrine in two respects. These are the two “reasonableness” requirements, which define the scope of the fourth amendment (it protects only “reasonable” expectations of privacy), and provide the key to determining compliance with its commands (it prohibits “unreasonable” searches and seizures). Both requirements are interpreted in substantial part through evaluation of societal norms about acceptable levels of privacy from governmental intrusions. Caselaw, poll data, newspaper articles, internet sites, and other vehicles for gauging public attitudes after the September 11 attacks indicate that public concerns about terrorism and the erosion of personal privacy by governmental responses to terrorism have had significant effects on fourth amendment law. These include both a cutting back on overall fourth amendment coverage and treating as reasonable security intrusions that previously would not have been permitted. Results include less judicial scrutiny, additional intrusions based on security, possibly legal and political support for racial profiling in law enforcement
Survey of the Law of Cyberspace: Electronic Contracting Cases 2005-2006
No full textThis article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year\u27s cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result
