Intro to the Law
Archived Posts from this Category
Intro to the Law #6: Logic and Statutory Interpretation Tuesday, Aug 23 2005
1L and Intro to the Law and Neil Wehneman and University of Cincinnati College of Law 3:58 pm
In this episode, the final one in Intro to the Law, we examine the role of logic in judiciary opinions, and put forth a handful of frameworks for interpreting the law. We also look at the Chevron framework and applying that to specific cases.
Hynes v. NY Central Railroad (PDF from Emery’s law school)
Chevron U.S.A. v. Natural Res. Def. Council
Rust v. Sullivan
EEOC v. Arabian American Oil Co.
I will link in Caminetti, Kirby, and Holy Trinity Church once I can find copies of those cases.
Intro to the Law #5: Ratio Decidendi and NY Product Liability Saturday, Aug 20 2005
1L and Intro to the Law and Neil Wehneman and University of Cincinnati College of Law 1:30 am
In this episode we define ratio decidendi, compare it to stare decisis, and use these frameworks to track the evolution of New York product liability law.
Langridge v. Levy
Winterbottom v. Wright
Thomas v. Winchester
Loop v. Litchfield
Losee v. Clute
Devlin v. Smith
Statler v. Ray
MacPherson v. Buick Motor Company
Wikipedia entry on Justice Benjamin Cardozo
Intro to the Law #4: Stare Decisis Thursday, Aug 18 2005
1L and Intro to the Law and Neil Wehneman and University of Cincinnati College of Law 7:50 pm
In this episode we briefly examine the four primary sources of law, and spend the balance of the time discussing Stare Decisis. Cases involving death penalty sentencing, police confessions, and anti-sodomy laws are used as examples. Finally, we consider the question of judicial philosophy vs. political philosophy.
Note: when I mention Casey considering reliance in regards to contraception, I actually meant reliance on access to abortion in the event contraception failed.
Rowland v. Christian
Booth v. Maryland
South Carolina v. Gathers
Payne v. Tennessee
Miranda v. Arizona
Dickerson v. United States
Bowers v. Hardwick
Planned Parenthood of Southeastern Pennsylvania v. Casey
Romer v. Evans
Lawrence v. Texas
Intro to the Law #3: Separation of Powers, Court Systems, and Jury Nullification Wednesday, Aug 17 2005
1L and Intro to the Law and Neil Wehneman and University of Cincinnati College of Law 3:53 pm
In this episode we examine the separation of powers, how Congress is able to regulate (or not regulate) the States, how the state and federal courts are constructed, and examine the issue of jury nullification (intentionally letting a guilty party go free at trial).
Note: I believe I gave an erroneous date on the Articles of Confederation being created. They were adopted in 1781.
The Articles of Confederation
Plaut v. Spendthrift Farm, Inc.
Lampf v. Gilbertson
Miller v. French
Nevada Dept. of Human Resources v. Hibbs
Gonzales v. Raich
United States v. Lopez
United States v. Morrison
Wickard v. Filburn
Sparf v. US (1895 jury nullification case)
Unfortunately I was unable to find copies of the jury nullification papers on the Internet.
Intro to the Law #2: Speluncean Redux and Legal Power Struggles Tuesday, Aug 16 2005
1L and Intro to the Law and Neil Wehneman and University of Cincinnati College of Law 11:41 am
In this episode we take a quick second look at the Spelucean Explorers case, and consider the law as a set of power struggles between institutions and individuals.
Rules and Standards for Cyberspace (for those interested in Rules and Standards)
Don’t Think of an Elephant
Standards for Fair Use
Intro to the Law #1: Theory of the Law, The Case of the Speluncean Explorers Thursday, Aug 11 2005
1L and Intro to the Law and Neil Wehneman and University of Cincinnati College of Law 4:34 am
This is the first episode of my Introduction to the Law class. I quickly look at general theories of the law, and spend the balance of the time examining The Case of the Speluncean Explorers. Topics touched on include the role and influences of the judiciary, a question of self-defense, the death penalty, and assumptions implicit in law.
The Case of the Speluncean Explorers
Olmstead v. U.S.
Katz v. United States
Reading the Constitution in Cyberspace
Prof. Lawrence Lessig
Information on the death penalty
CrimProf Blog (which carries stories of exonerations and similar)