LAWSO 1 10-09-07 - LAWSO 1 October 9 2007 Spelunkers Wheres...

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LAWSO 1 October 9, 2007
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Spelunkers Where’s the natural law thinking? Who are the positivists? How is it possible that 5 judges can come to different conclusions about what the legal outcome should be?
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What is the legal rule? Whoever shall willfully take the life of another shall be punished by death.
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Appellate Bench Truepenny Foster Tatting Keen Handy
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Issues that preoccupied the judges Whether the defendants acted willfully The purpose(s) of the law, not just the literal wording Whether the group’s agreement was binding The possibility of executive clemency Judicial v legislative functions Public opinion Loss of life in rescue attempt
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Queen v Dudley and Stephens (1884) Defendants indicted for murder of fellow crewmate on the high seas Panel of judges found them guilty despite the use of the “necessity” defense. Queen commuted the sentences.
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Appellate cases Point of departure for discussion about legal responses to current social problems. What legal principles apply? Why do they “control” under the particular circumstances of each case?
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How to Brief American-Arab Anti-Discrimination Cmte v City of Dearborn (US Court of Appeals, 2005)
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