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DUQUESNE LAW REVIEW SHALL THESE BONES LIVE? RESURRECTING TRUTH IN AMERICAN LAW AND PUBLIC DISCOURSE FOREWORD SHALL THESE BONES LIVE?RESURRECTING TRUTH IN AMERICAN LAW AND PUBLIC DISCOURSE Wilson Huhn SYMPOSIUM ARTICLES FINDING THE TRUTH Louise Antony THE RESURRECTION OF TRUST IN AMERICAN LAW AND PUBLIC DISCOURSE Bruce Ledewitz JAMES WILSON,NECESSARY TRUTHS, AND THE FOUNDATIONS OF LAW Justin Buckley Dyer LIES,DECEIT, AND BULLSHIT IN LAW Lawrence M. Solan IDENTIFYING “TRUTH” IN AMERICAN PUBLIC DISCOURSE Alina Ng Boyte WHAT LAWYERS CAN AND SHOULD DO ABOUT MENDACITY IN POLITICS Heidi Li Feldman TRUTHFULNESS AS AN ETHICAL FORM OF LIFE W. Bradley Wendel STUDENT ARTICLES UNJUST INCARCERATION:PROBLEMS FACING PENNSYLVANIA’S PRELIMINARY HEARING AND HOW TO REFORM IT Drew Sheldon STATE ANTI-BDS LAWS COUNTERACTING THE BDS MOVEMENT...AND THE CONSTITUTION Sara J. Watkins VOLUME 56, NUMBER 2 SUMMER 2018 Duquesne Law Review Volume 56, Number 2, Summer 2018 © DUQUESNE UNIVERSITY,2017R2018 Shall These Bones Live? Resurrecting Truth in American Law and Public Disclosure Foreword SHALL THESE BONES LIVE?RESURRECTING TRUTH IN AMERICAN LAW AND PUBLIC DISCOURSE Wilson Huhn .................................................................................................................. 1 Symposium Articles FINDING THE TRUTH Louise Antony................................................................................................................. 7 THE RESURRECTION OF TRUST IN AMERICAN LAW AND PUBLIC DISCOURSE Bruce Ledewitz ............................................................................................................. 21 JAMES WILSON,NECESSARY TRUTHS, AND THE FOUNDATIONS OF LAW Justin Buckley Dyer..................................................................................................... 49 LIES,DECEIT, AND BULLSHIT IN LAW Lawrence M. Solan ...................................................................................................... 73 IDENTIFYING :9RUTH8 IN AMERICAN PUBLIC DISCOURSE Alina Ng Boyte ........................................................................................................... 105 WHAT LAWYERS CAN AND SHOULD DO ABOUT MENDACITY IN POLITICS Heidi Li Feldman....................................................................................................... 125 TRUTHFULNESS AS AN ETHICAL FORM OF LIFE W. Bradley Wendel..................................................................................................... 141 Student Articles UNJUST INCARCERATION:PROBLEMS FACING PENNSYLVANIA3S PRELIMINARY HEARING AND HOW TO REFORM IT Drew Sheldon............................................................................................................. 169 STATE ANTI-BDS LAWS COUNTERACTING THE BDS MOVEMENT ...AND THE CONSTITUTION Sara J. Watkins ......................................................................................................... 199 Duquesne Law Review is published in Pittsburgh, Pennsylvania. Correspondence may be addressed to: Duquesne Law Review, Duquesne University School of Law, 600 Forbes Avenue, Pittsburgh, Pennsylvania 15282. The subscription price is $30.00 per volume. Subscription inquiries should be addressed to the attention of the Business Manager. Subscriptions will be cancelled only after the entire volume for which the subscription has been entered is printed and delivered. Subscriptions are automatically renewed unless otherwise stipulated. Subscribers should report non-receipt of an issue within six months of its mailing. After six months, replacement issues will not be provided free of charge. This issue is available from Duquesne Law Review at $10.00 per copy for three years from its initial printing.Archived issues are available through William S. Hein & Co., Inc., 2350 North Forest Road, Getzville, New York 14068, at $18.00 per copy. Back issues can also be found in electronic format on HeinOnline, http://heinonline.org/. Citations conform to THE BLUEBOOK:AUNIFORM SYSTEM OF CITATION (Columbia 0-" (#'!#" ),,%/ #* -1+ #&,+. 20th ed. 2015). Unless otherwise requested by an author, legal style conforms to BRYAN A. GARNER,THE REDBOOK:AMANUAL ON LEGAL STYLE (Thomson/West 3d ed. 2013). Readers are invited to submit manuscripts for possible publication. Manuscripts should be addressed to the attention of the Executive Articles Editors. Readers are also invited to submit letters to the Editor in response to the works contained herein. Letters to the Editor should be addressed to the attention of the Editor-in-Chief. Views expressed in writings published in Duquesne Law Review are to be attributed solely to the authors thereof and not to Duquesne Law Review, its editors, Duquesne University School of Law, or Duquesne University. When the authors of writings published herein are known by Duquesne Law Review to have other than a scholarly interest in their writings, that fact will be noted in a footnote at the beginning of the article. D u q u e s n e L a w R e v i e w Volume 56 EDITORIAL BOARD Editor-in-Chief CHRISTOPHER O’SHEA Executive Editor AMANDA GEARY Executive Articles Editors Executive Student Articles Editors MARK MAZZA ADRIENNE BOX NICOLE PRIETO KATE MCCARTHY Production Editors Associate Editors Business Manager ANDREAH FRENN HAILEY FARRELL MATTHEW GODDARD ANTHONY GESTRICH AMY KERLIN ANDREW URKO KYLE LANNING Resource Manager GINA ROBINSON EDUARDO BENATUIL NATALIE TUPTA SAMANTHA ZIMMER SENIOR STAFF EDITORS MARGARET COONEY ZACHARY MORANO DREW SHELDON KRISTIN HOFFMAN AMANDA PERRY SARA WATKINS KATHRYN SCHAEFFER JUNIOR STAFF EDITORS JESSICA BARRERA AMY MCCROSSEN PATRICIA SHOENBERGER ALEXANDER BELL JACOB PENN BRIANA SPINA COURTNEY BRENNAN MAURA PERRI BRIDGET SYNAN ERIN CORCORAN BRAZITTE POOLE NICOLINE VAN DE HATERD ALEXANDRA GVOZDIK ASHLEY PUCHALSKI ASHLEY WALBRIDGE THOMAS JUNKER JACQUELINE ROBEL TAYLOR WANTZ ALYSSA LAZAR BRETT SCHELLER BENJAMIN WEBB VINCENT LEDONNE MADELINE SHEERER DAVID ZVIRMAN Published by the students of the Duquesne School of Law Member, National Association of Law Reviews DUQUESNE UNIVERSITY SCHOOL OF LAW 2017!2018 Administration KENNETH G. GORMLEY, B.A., J.D. Honorable MAUREEN E. LALLY-GREEN, B.S., Duquesne University President and J.D. Professor of Law Dean RHONDA GAY HARTMAN, B.A., J.D. NANCY D. PERKINS, B.A., J.D. Visiting Assistant Professor of Law Noble J. Dick Endowed Chair in Academic MARYANN HERMAN, B.A., J.D. Leadership Director of Academic Excellence and WESLEY M. OLIVER, B.A., J.D., LL.M., J.S.D. Assistant Professor of Clinical Legal Associate Deanfor Faculty Scholarship and Skills Director of Criminal Justice Program MARTHA W. JORDAN, B.S., J.D., LL.M. FRANK Y. LIU, LL.B., M.C.J., M.L.S. Associate Dean of Academic Affairs and Associate Dean for Legal Programs and Associate Professor of Law Director of the Center for Legal Information RONA KAUFMAN, B.A., J.D., LL.M. ELLA A. KWISNEK, B.A., J.D., M.S.Ed. Associate Professor of Law Assistant Dean of Students and BRUCE S. LEDEWITZ, B.S.F.S., J.D. Vice Dean of the EveningDivision Professor of Law JACOB H. ROOKSBY, A.B., M.Ed., J.D., Ph.D. JAN M. LEVINE, B.A., J.D. Associate Dean of Administration Director of Legal Research andWriting, and MARTHA W. JORDAN, B.S., J.D., LL.M. Professor of Law Associate Dean of Academic Affairs FRANK Y. LIU, LL.B., M.C.J., M.L.S. HEATHER SHAW, B.A., M.A. Professor of Law, Director of the Center for Assistant Registrar Legal Information, and Associate Dean for GINA B. CECCHETTI, B.A., M.Ed. Legal Programs Associate Director of Admissions TRACEY MCCANTS LEWIS, B.A., J.D. JILL S. CHADWICK, B.A. Assistant Clinical ProfessorofLaw andPro Executive Assistant to the Dean Bono Program Coordinator MARIA D. COMAS, B.S., J.D., M.S.Ed. JOSEPH SABINO MISTICK, B.A., J.D. Director of Career Services Associate Professor of Law SAMANTHA COYNE, B.A., M.B.A. JANE CAMPBELLMORIARTY, B.A., J.D. Employer Outreach Manager Carol Los Mansmann Chair in Faculty JEANINE DEBOR, B.A., J.D. Scholarship and Professor of Law Director of LawAlumniRelations and KATHERINE NORTON, B.S., J.D. Development Assistant Clinical ProfessorofLaw COLLEEN DERDA, B.A. and Externship Coordinator Director of Communications WESLEY OLIVER, B.A., J.D., LL.M., J.S.D. VALERIE HARPER, B.S., M.Ed. Associate Dean of Faculty Scholarship, Registrar Director of Criminal Justice Program, and KIRKW.JUNKER, B.A., J.D., Ph.D. Professor of Law Coordinator of International Programs NANCY D. PERKINS, B.A., J.D. JOY MCNALLY, B.S., M.A., J.D. Noble J. Dick Endowed Chair in Academic Interim Director of Thomas R. Kline Center Leadership and Professor of Law for Judicial Education JOHN T. RAGO, B.A., J.D. Associate Professor of Law MARLENE R. VATTER, B.S. RONALD J.RICCI,B.S.B.A., J.D. Coordinator of Academic Affairs and Professor of Law Assistant to Associate Deans JACOB H. ROOKSBY, A.B., M.Ed., J.D., Ph.D. Associate Dean of Administration and Full-Time Faculty Associate Professor of Law STEVEN BAICKER-MCKEE, B.A., J.D. ANN L. SCHIAVONE, B.A., J.D. Assistant Professor of Law Assistant Professor of Law RICHARD GAFFNEY Jr., B.A., M.B.A., J.D. TIFFANY SIZEMORE-THOMPSON, B.S., J.D. Directorof Bar Services and Assistant Assistant Clinical Professor Professor of Clinical Legal Skills TARA WILLKE, B.A., J.D. JULIA M. GLENCER, B.A., J.D. Associate Professor Assistant Professor of Legal Research and Writing Law Librarian Faculty Honorable JOHN KENT LEWIS, B.A., M.Th., TSEGAYE BERU, B.A.,M.L.I.S., J.D. J.D. Associate Director for Faculty Research and THOMAS LIZZI, B.S., J.D. Outreach Services ANTONIO LORDI, B.A., M.B.A., J.D.,
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