Life of a Law Student Podcast
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The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course.
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News and Views #23: New Feeds And Nominations
Author: Rob Wiltbank and the LoaLS Team
Tue, Sep 16, 2008
In this episode, we let you know that our two new feeds are both finally up — Introduction to Criminal Justice is a 100-level Criminal Justice course for Delaware Tech and Criminal Judiciary is a 200-level Criminal Justice course at Delaware Tech. Â Both feeds should be up on iTunes shortly; however, in the mean time, [...]
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Criminal Judiciary #2: Law and Crime
Author: Rob Wiltbank and the LoaLS Team
Sat, Sep 13, 2008
In this episode of Criminal Judiciary, we get a brief overview of the history of our law and its English roots. Â Common law, civil law and criminal law and basic legal concepts are explained and we learn the different between “beyond a reasonable doubt” and “beyond a preponderance of the evidence.”
Just a reminder that in [...]
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Intro to Criminal Justice #1: Justice and Public Safety
Author: Rob Wiltbank and the LoaLS Team
Wed, Sep 10, 2008
Benjamin Franklin was once quoted as saying, “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” Â There’s a balance that must be struck between maintaing individual rights while balancing them against the interest of public safety. Â In this, our innaugural episode of Introduction to Criminal Justice, [...]
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News and Views #22: New Feeds and Podcast Awards!
Author: Rob Wiltbank and the LoaLS Team
Sat, Aug 30, 2008
This is a quick podcast to tell you about a couple of new feeds we have no for the Fall and to request your help!
To begin with, Episode 1 of our Criminal Judiciary podcast is up and available! By tomorrow, I’m hoping to have up the first episode of the Introduction to Criminal Justice podcast [...]
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Criminal Judiciary #1: House v. Bell
Author: Rob Wiltbank and the LoaLS Team
Sat, Aug 30, 2008
With a new semester comes new courses; with new courses comes new content! Criminal Judiciary is a 200-level undergraduate course offered at Delaware Tech as part of their Criminal Justice program — the course will cover the history, traditions and philosophies of our system of justice in addition to covering many landmark cases and court [...]
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News and Views #21: D.C. v. Heller
Author: Rob Wiltbank and the LoaLS Team
Fri, Aug 08, 2008
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
No other sentence has been the root of so much contention, confusion and controversy when it comes to the Bill of Rights. In this episode, we’ll be reviewing [...]
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News and Views #20: Introducing Rob Wiltbank
Author: Rob Wiltbank and the LoaLS Team
Tue, Aug 05, 2008
Rob Wiltbank will be taking up the mantle as Project Lead for Life of a Law Student. As an established IT industry professional and a Criminal Justice as Pre-Law student, Rob will be adding undergrad content as he continues to push forward to expand the project.
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Copyright Law #4: Fixation
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
Copyright applies upon tangible fixation. In this episode, we will examine what is meant by “fixation,” including the question of whether a copy of a work in RAM is tangibly fixed.
Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly).
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Copyright Law #3: Introduction to Copyright III
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
Copyright in the United States is affected by both the Federal Constitution, and international law such as the Berne Convention. Additionally, international law is often used to justify increases in rights for the sake of “harmonization.” We conclude this last introductory episode by briefly comparing and contrasting several areas of the law that [...]
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Copyright Law #2: Introduction to Copyright II
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
Copyright applies to a wide variety of works, even types of expression that are newly created (and not explicitly referenced in the copyright act). However, some items of “intellectual creation” are outside of copyright, such as ideas or works of the federal government. We conclude this episode by exploring how to analyze a [...]
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Copyright Law #1: Introduction to Copyright I
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
In this, the first episode of Copyright Law, we begin a high-level overview of what copyright is. Almost everyone is a copyright holder, with specific exclusive rights over their original works of authorship that are fixed in a tangible medium. We close this episode with a look at three views of the justification [...]
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Fundamentals of Copyright #11: Non-Copyright Concerns
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
Copyright is not the only law you have to be aware of when considering whether or not to use a work. Patents, trademarks, trade secrets, contracts, and other issues may provide an additional “layer of protection” beyond just copyright.
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Fundamentals of Copyright #10: Other Limitations and Exceptions
Author: Rob Wiltbank and the LoaLAuthor: S Team
Fri, Dec 28, 2007
Fair Use is not the only limitation or exception to the exclusive rights of copyright. In this episode, Prof. Crews walks through several other limitations and exceptions.
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Fundamentals of Copyright #9: Fair Use IV
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
In this final episode on Fair Use, Prof. Crews reviews and wraps up Fair Use. Additionally, Prof. Crews discusses hard and fast “guidelines” that are often promulgated in the fields of education and libraries.
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Fundamentals of Copyright #8: Fair Use III
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
Fair Use provides guidelines, but very few hard and fast rules. As an example, sometimes using large amounts of a copyrighted work (perhaps even all of the copyrighted work) will qualify as a Fair Use, while sometimes using only a small amount of a copyrighted work will not qualify as Fair Use. As [...]
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Fundamentals of Copyright #7: Fair Use II
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
In this second episode of Fair Use, Prof. Crews examines two actual court cases applying Fair Use. The first case concerns photocopying by Kinko’s, and the second case concerns 2 Live Crew’s parody of the song “Pretty Woman.”
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Fundamentals of Copyright #6: Fair Use I
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
The “exclusive rights” of copyright aren’t exactly exclusive. There are numerous exceptions and limitations to these rights, with Fair Use being the most important of these. In this first episode on Fair Use, Prof. Crews examines the four statutory factors of Fair Use.
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Fundamentals of Copyright #5: The Five Exclusive Rights and Moral Rights
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
The core of copyright revolves around the five exclusive rights. These rights include the right of reproduction, distribution, public display, public performance, and the creation of derivative works. The concept of “moral rights” are also discussed.
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Fundamentals of Copyright #4: Duration of Copyright II
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
The duration of a copyright is treated slightly differently if the work is a “work made for hire.” In this episode, Prof. Crews defines “work made for hire,” and looks at the specific issues regarding these works.
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Fundamentals of Copyright #3: Duration of Copyright I
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
Copyright lasts for a very long time. For works created after 1977, the term of copyright is life of the author plus seventy years. However, previous copyright acts had different rules, and those rules will affect the duration of pre-1978 works. Prof. Crews also mentions joint authorship.
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Fundamentals of Copyright #2: Basic Mantra and Some Exceptions
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
In this episode, Prof. Crews looks at the basic mantra of copyright: copyright applies instantly and automatically to original works of authorship that are fixed in a tangible medium of expression. Some of the exceptions to copyright are examined, such as facts, ideas, and works of the federal government being outside of copyright.
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Fundamentals of Copyright #1: High-Level Overview of Copyright
Author: Rob Wiltbank and the LoaLS Team
Fri, Dec 28, 2007
In this, the first episode of Fundamentals of Copyright, Prof. Kenneth Crews gives a high-level overview of copyright law. Essentially, the law gives specific rights to the holder of a copyright and then carves out certain exceptions. Copyright is granted automatically to a wide range of works, and lasts for a very long [...]
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Canadian Immigration and Refugee Law #5: Constitutional Review
Author: Rob Wiltbank and the LoaLS Team
Wed, Nov 28, 2007
In this podcast we will consider the issue of constitutional review, specifically whether section 7 of the charter is violated by deportation.
Singh v Minister of Employment and Immigration (1985)
Canada (Minister of Employment and Immigration) v Chiarelli (1992)
Suresh v Canada (Minister of Citizenship and Immigration) (2002)
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Canadian Immigration and Refugee Law #4: National Status
Author: Rob Wiltbank and the LoaLS Team
Wed, Nov 28, 2007
In this podcast, we will consider the different types of status that may be held by an individual in Canada - Citizen, Permanent Resident, and Foreign National. We will begin a preliminary examination of the effect a different status can make on one’s rights, which shall be expanded upon throughout the course.
Chen v Canada [...]
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Canadian Immigration and Refugee Law #3: Sovereignty and Open Boarders, Part 2
Author: Rob Wiltbank and the LoaLS Team
Mon, Nov 26, 2007
This episode is a continuation of the discussion of open boarders from the previous podcast. We will focus on the writings of Catherine Dauvergne and Donald Galloway.
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Canadian Immigration and Refugee Law #2: Sovereignty and Open Boarders
Author: Rob Wiltbank and the LoaLS Team
Mon, Nov 26, 2007
In this podcast, we will consider some of the theories of state sovereignty and the arguments for and against open boarders. This topic will span two podcasts. The first will focus on the writings of Carens and Walzer.
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Canadian Immigration and Refugee Law #1: Introduction
Author: Rob Wiltbank and the LoaLS Team
Mon, Nov 26, 2007
This is the first podcast in Canadian Immigration and refugee law. We begin by considering the historical evolution of immigration within Canada and then turn to some early immigration cases to consider the role that racism played in the immigration process.
Union Colliery Co v Bryden (1899)
Quong Wing v the King (1914)
Canada v [...]
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Canadian Constitutional Law #37 - Remedies and Reform
Author: Rob Wiltbank and the LoaLS Team
Thu, Aug 23, 2007
In this podcast we will discuss remedies within the constitution, and the process of constitutional reform within Canada. This is the final podcast in Canadian Constitutional Law.
Schachter v Canada (1992)
Vriend v Alta (1998)
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Canadian Constituional Law #36 - Aboriginal Rights
Author: Rob Wiltbank and the LoaLS Team
Thu, Aug 23, 2007
In the second-last podcast for the course, we move outside the Charter and consider the constitutional entrenchment of aboriginal rights in sec 35 of the Constitution Act 1982. Even though these rights are entrenched outside of the Charter, we will see how jurisprudence has imposed limits upon aboriginal rights in a style very similar [...]
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Canadian Consitutional Law #35: Language Rights
Author: Rob Wiltbank and the LoaLS Team
Thu, Aug 16, 2007
Language rights are very important in Canada as a result of the historical French-English tension. However, sections 91 and 92 do not assign administration of language-related issues to a specific level of government, so it is treated as an ancilliary sphere over which both levels of government have some control. Language is not [...]
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Canadian Constitutional Law #34: Economic and Social Rights
Author: Rob Wiltbank and the LoaLS Team
Thu, Aug 16, 2007
Why does the Charter focus on legal and politcal rights, to the exclusion of economic and social rights? What does this absence mean for Canadian citizens? Could economic and social rights be read into the charter under an existing section? That’s what Gosselin tries to do in Gosselin v Quebec, without success. [...]
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Canadian Constitutional Law #33: Equality Rights
Author: Rob Wiltbank and the LoaLS Team
Thu, Aug 16, 2007
In this podcast we will be discussing section 15 of the charter, equality rights. It is important to understand the difference between formal equality (American model) and substantive equality (Canadian model). We will consider the case of Law v Canada, which contains a very thorough analysis of equality rights by Iacobucci J.
Regina v [...]
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Canadian Constitutional Law #32: Section 7 continued, Assisted Suicide
Author: Rob Wiltbank and the LoaLS Team
Sat, Apr 14, 2007
Continuing on with our look at section 7 rights, we will now consider the case of Rodriguez v BC (AG). A woman with Lou Gehrig’s disease seeks a declaration that she may legally seek doctor-assisted suicide when her condition deteriorates to the point that she wishes to end her life. Can the right [...]
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Canadian Constitutional Law #31: Life, Liberty, and Security of the Person
Author: Rob Wiltbank and the LoaLS Team
Sat, Apr 14, 2007
Moving on to section 7 of the Charter, the first and broadest of the legal rights (ss7-14), we consider life, liberty, and security of the person. This is often used in a criminal law setting, but the cases we looked at in class were more unique. In this podcast, we consider the meaning [...]
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Canadian Constitutional Law #30: Hate Speech
Author: Rob Wiltbank and the LoaLS Team
Fri, Apr 06, 2007
Is hate speech a form of expression? Can it earn the same Charter protection as dissident political speech? In this podcast, we will discuss hate speech, focusing mainly on R v Keegstra. We will briefly compare the Canadian and American conceptions of hate speech. Unlike in the USA, Canadian courts have [...]
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Canadian Constitutional Law #29: Freedom of Expression
Author: Rob Wiltbank and the LoaLS Team
Fri, Apr 06, 2007
What constitutes expression? Does it have to be speech, or can it include actions such as picketing? What restrictions on expression are justified? In our second podcast on fundamental freedoms, we will consider the importance given to free expression in our constitution (sec 2(b)). In keeping with a pre-Charter view that [...]
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Canadian Constitutional Law #28: Freedom of Religion
Author: Rob Wiltbank and the LoaLS Team
Sat, Mar 10, 2007
Can you take your kirpan to school? Not even if it’s in a box under your clothes? These are the questions of section 2(a), freedom of religion. We’ll talk about the evolution of the concept of freedom of religion and look at two cases as examples. First up is Big M [...]
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Canadian Constitutional Law #27: Section 33, Notwithstanding Clause
Author: Rob Wiltbank and the LoaLS Team
Sat, Mar 10, 2007
Section 33 of the Charter allows sections 2 and 7-15 to be overridden if parliament or a provincial legislature expressly declare that a law shall operate notwithstanding the charter. This section is almost never invoked by the government because of the political repercussions, but it was considered by the supreme court in Ford v [...]
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Canadian Constitutional Law # 26: Section 1 Analysis
Author: Rob Wiltbank and the LoaLS Team
Sat, Mar 10, 2007
If you listen to only one Canadian Constitutional Law podcast, it should be this one. Or maybe number 5, since that had both the landmark persons case and the concept of the constitution as a living tree. Well, let’s say if you listen to only two, this should be the second.
We discuss sec [...]
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Canadian Constitutional Law #25: Application of the Charter and Charter Standing
Author: Rob Wiltbank and the LoaLS Team
Sat, Mar 10, 2007
Whose behaviour is bound by the Charter? Sec 32 tells us it applies to government (as opposed to private actors), but in practice this is more difficult to define than it would seem. We will look at a series of cases which define the limits of the Charter’s application. Over time, a [...]
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Canadian Constitutional Law #24: Judicial Review in Light of the Charter
Author: Rob Wiltbank and the LoaLS Team
Wed, Mar 07, 2007
In this short episode we will discuss the viewpoints of several authors on the issue of judicial review and its role in a democracy. We will consider the writings of W. Bogart, A. Petter, P. Monahan, and Hogg and Bushell, then look at a quick excerpt from Vriend v Alberta.
Vriend v Alberta, (1998)
R v [...]
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Constitutional Law (Samuel) #2: Mootness
Author: Rob Wiltbank and the LoaLS Team
Thu, Feb 22, 2007
In Samuel Berbano’s second of a series of podcasts on justiciability doctrines, we’ll analyze the question of Mootness as it relates to Federal Article III courts. These courts are bound to take only cases which commentators call a “case or controversy” requirement. This requirement exists to preserve the integrity of the adversarial system.
The second doctrine [...]
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Canadian Constitutional Law #23: Approaches to Charter Interpretation
Author: Rob Wiltbank and the LoaLS Team
Sat, Feb 10, 2007
Well, it’s February and we made it to the Charter (if I only I could make it to spring break…) In this podcast we’ll talk about the advent of the Charter and some approaches the court has developed for its interpretation. Interpreting a constitutional document is different from regular statute interpretation, so Dickson [...]
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Canadian Constitutional Law #22: Implied (and Real) Bill of Rights
Author: Rob Wiltbank and the LoaLS Team
Sat, Feb 10, 2007
Were there any protections in place for our rights before the Charter?
In this podcast we first look at the “implied bill of rights”, a concept drawn from a series of pre-Charter cases that seem to hint at the idea that there may be a sphere of fundamental freedoms needed for a democracy which is beyond [...]
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Canadian Constitutional Law #21:Racism in the Law, Pre-Charter Era
Author: Rob Wiltbank and the LoaLS Team
Sat, Feb 10, 2007
In this podcast we will look at three cases as examples of how racism in the law was dealt with before the charter entrenchment of rights. Without a constitutional document protecting rights, we see that the court could only strike racist legislation on the basis of division of powers. Both the JCPC and [...]
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Canadian Constitutional Law #20: International Economic Obligations
Author: Rob Wiltbank and the LoaLS Team
Sat, Feb 10, 2007
In this podcast we discuss some of Canada’s international economic agreements, and how they are impacted by division of power issues regarding the economy. We will look at some ways in which the constitution is “amended” in practice - that is, the methods that may be employed to achieve a distribution of power between [...]
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