An extraditable crime to engage in expression in Ireland which is protected in the US? Why impose a course on constitutional law on our students? More on the fallacy of irrelvance
curtism at bellsouth.net
Thu Jul 12 06:07:22 PDT 2007
Just about every day I come across another example that refutes the
irrelevance of con law for lawyers. Here is one for sure, and a likely one.
The likely one first.
1. A public defender inWVa has a case for a minister who counsels those
seeking to end suffering by suicide. In Ireland counseling or encouraging is
(I think) a crime and the minister counseled and encouraged in Ireland. Now
Ireland seeks to extradite him for the crime of assisting suicide. (The
facts are more complex, but this will have to do for present purposes).
Does anyone know, is expression which would be protected in the US an
extraditable offense if committed in a country where it is not protected?
If the answer is no this is just another example of why understanding US
free speech law would be important for ordinary lawyers such as public
defenders. People's lives are often seriously affected by what their
lawyers raise or don't raise. Ignoring con law doctrine for law students
can have very unfortunate consequences for later clients. Of course, the
answer is RESEARCH. But often without some idea of the general area you
don't know where to look. And the model of the corporate lawyer paid by the
hour for endless research is not the world with which many lawyers deal.
2. Of course, even in a con law course that pays some attention to
doctrine (as well as one hopes to context) many law students leave law
school with no knowledge of the 1sat A. because this has been consigned to a
special course which most students do not take. This is a scandal for many,
many reasons. A failure of law schools to train lawyers as citizens and
lawyers as lawyers.
Punitive damages are pervasive in tort cases & many law students will end up
on one or the other side. So a background in due process isrelevant here.
----- Original Message -----
From: "Mark Graber" <mgraber at gvpt.umd.edu>
To: <conlawprof at lists.ucla.edu>
Sent: Tuesday, July 10, 2007 7:19 PM
Subject: Re: Why impose a course on constitutional law on our students?
>A small errata or modification on my point. In suggesting something
> like THE SUPREME COURT AND THE ATTITUDINAL MODEL ought to be the central
> text of th law school version of constitutional law, I had not mean to
> endorse Segal and Spaeth's particular analysis, either in the sense of
> an endorsement of their use of statistics or their conclusions. My goal
> was simply to suggest that their central question was probably more a
> central question of law practitioners than the central questions in most
> constitutional law texts.
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