LC

4/30 Notes

Political Populism and Undermining the Judiciary

  • Political populism aims to undermine the judiciary, reducing its independence. This clearing the way for the ruling powers or parties to implement desired policies.
  • This strategy has been observed in several nations worldwide, including Israel.
  • Netanyahu's political survival is tied to remaining in power due to pending corruption charges. If he loses power, he is likely to be convicted.

Addressing Safety Concerns on Main Street

  • A pedestrian was killed on Main Street, prompting discussions and a petition for safety improvements.
  • There are more student deaths yearly due to trains than speeding vehicles, with incidents involving pedestrians walking on train tracks.
  • Main Street is considered a dangerous road with frequent speeding incidents.

Possible Solutions and Challenges

  • Concerns about the effectiveness of current speed deterrents like speed bumps.
  • Debate over whether the University of Delaware (UD) has jurisdiction over Main Street.
  • Suggestions include closing Main Street to traffic or removing parking to create pedestrian plazas.
  • Another suggestion is to keep the buses and just widen the sidewalks to create mini plazas
  • Challenges include traffic being transferred to other streets.

Pedestrian and Bicycle Accidents Near Trabant

  • Multiple accidents have occurred near Trabant, including a fatal bicycle accident on the sidewalk.
  • The use of electric bikes, reaching speeds of up to 25 mph, has exacerbated the problem.
  • The intersection near Trabant leading to North Campus is particularly dangerous due to conflicting rights of way for pedestrians and vehicles turning right on red.

Enforcing Traffic Laws and Addressing Reckless Driving

  • Concerns about the lack of police enforcement regarding traffic violations, especially electric bikes, motorcycles, and motorbikes speeding.
  • Suggestions include enforcing existing traffic laws and preventing parking on Main Street.
  • COVID-19 lockdowns led to increased speeding due to reduced traffic.

Criminality and Prior Offenses

  • Fatal incidents in the past year involved criminality, such as a motorcyclist being pursued by the police.
  • One driver had warrants in 3 different states, raising questions about law enforcement's ability to apprehend repeat offenders before incidents occur.
  • Frustration over parking enforcement prioritizing parking violations over safety issues.

Balancing Safety and Revenue Generation

  • Speeding cameras and parking enforcement are controversial due to the balance between safety and revenue generation.
  • There are revenue incentives to generate more money that may exceed true safety concerns.
  • Past incidents of manipulating traffic signals to generate more revenue from speeding tickets.

Balancing Interests in Lawmaking

  • The importance of balancing interests when making laws, considering the expected harm (disutility) and expected benefit (utility).
  • Economic theory emphasizes actual numbers in these calculations, while philosophy focuses on theoretical justifications.
  • Underlying principles emphasize favoring liberty unless there is a compelling reason to restrict it.

Discussion of Talk Law and Harm

  • Discussion of harm in talk law, referencing the McDonald's coffee case.
  • The case is often misrepresented, with the public perception being that a person spilled coffee and received millions of dollars, while the facts of the case include significant burns and injuries.
  • There are two parts of a judgment, compensatory damages (proportional to the injury) and punitive damages (proportional to the offender's ability to pay).

Causation Requirement in U.S. Tort Law

  • In the U.S., talk law requires a tight causal requirement, where compensation comes from the entity that caused the injury.
  • In contrast, Australia's compensatory damages come from consolidated revenue, providing a fairer insurance system.
  • In the U.S., if someone is severely injured by an individual without money, there are little to no options.

Greek Life Hazing and Liability

  • The legal challenges in cases of hazing deaths within Greek life organizations.
  • It is not effective to sue the local chapter who has no money. Suing the national chapter often fails due to bylaws that immunize the national organization from prosecution.
  • Lawsuits often target the parents of student leaders of the local chapter who, because of responsibility, often lose their assets.

Alternative System in Australia

  • Australia's system does not require finding a causal mechanism and an entity with the ability to pay.
  • Compensatory damages are paid out of consolidated revenue in proportion to the injury, regardless of whether it is accidental or intentional.
  • There has been a movement in Australia to implement the US system rather than pay for others wrong doing.

General Discussion

  • Taxation goes to consolidated revenue.
  • Burden of responsibility passed onto parents where student leaders are at fault.
  • Faculty advisors often have limited input or involvement in Greek organizations.

Causation and Denim Day

  • Causation analysis and the defense of proximal cause in legal cases.
  • Relevance to sexual assault cases and the issue of victim blaming.
  • Origin of Denim Day as a response to a case in Italy where a rape victim was blamed for wearing tight jeans.
  • General worry about talking about causation when it comes to sexual assault.

Sexual Assault Cases

  • Sexual assault cases and the issue of victim blaming in legal and societal contexts.
  • How society and our society and the assembly of Mexico too, especially in The US, have different rage is due than any other crime over sexual assault because it's a purely a victim crime.
  • Discussion of victim blaming and the shift of burden from the rapist to the victim.
  • Questioning the actions taken by individuals to avoid being raped and the societal implications.

Rule of Law and Arrest of a Judge in Milwaukee

  • The arrest of a judge in Milwaukee, Wisconsin, raises concerns about the rule of law and potential political motivations.
  • The judge did know if that's true, if she was sneaking illegal immigrants out the back door of the judge's chambers.
  • Concerns over the circumstances of the arrest being publicized for political purposes and media attention.

Concerns About Procedure

  • The actions of the Department of Justice (DOJ) and FBI conflict with policy.
  • The arrest was a red line because of the the DOJ to investigate Christopher Krebs and Miles Taylor Grant.
  • Suggestions that the arrest was intended to intimidate judges and undermine institutions that might oppose the current administration.

ICE Raids and Civil Liberties

  • Discussion of ICE raids and potential violations of civil liberties, including an incident in Oklahoma where armed men burst into a house and mistreated American citizens.