Aem 320 Week 2 - Aem 320 Week 2: Sept. 3 Sept 7 I. What...

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Aem 320 Week 2: Sept. 3 – Sept 7 I. What causes change in the law? A. Social development or social evolution- judges and legislators are responsive to changes in society. 1. The content that we are exposed to is so much different than the generation before us and the generation before them. 1.Ex. What women wear to the beach now vs. in the 1920s. 2. Prevailing public view on worker’s compensation is different today than during the beginning of the industrial revolution. 3. Product liability laws have also been affected by societal mores. B. Increases in scientific knowledge. 1. See Gallagher, cases at 6 2. Courts deal with the changes in knowledge by applying existing law to new technologies. 3. What about medical technologies? Artificial insemination and surrogate mothers have brought about contracts, statutes, and new applications of common law to medical technology. How do you define property? Is a body part property? C. “Stress” in society. a. Threats to national security and political unrest. 1.USAPATRIOT Act quickly passed Congress after the September 11 Attacks – this is significant because it legalized incredible invasions of personal privacy. Authorities had access to personal files without a need for probable cause. 2.Japanese internment camps are another example of the US government acting due to “stress” in society. Earl Warren, the future chief justice of the Supreme Court, was then governor of California and was responsible for rounding up any “suspicious” people and herding them into prisons. While chief justice, Warren was responsible for Brown v. Board of Education, as well as Miranda v. Arizona. b. Economic plight causes radical changes as well. 1. The great depression caused FDR to enact a multitude of legislations that provided for more government in everything. It also increased the number of Supreme Court justices, allowing FDR to stack the court. I.
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This note was uploaded on 02/20/2008 for the course AEM 3200 taught by Professor Grossman,d. during the Fall '07 term at Cornell University (Engineering School).

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Aem 320 Week 2 - Aem 320 Week 2: Sept. 3 Sept 7 I. What...

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