Professor of Law
B.A., Wesleyan University
J.D., University of Michigan
Phone: 302.477.2143 Erin Daly is Professor of Law and the H. Albert Young Fellow in Constitutional Law at Widener's Delaware campus. She received a B.A. from Wesleyan University in 1983, and a J.D. from University of Michigan in 1989, cum laude.
Professor Daly has written extensively on comparative constitutional law and transitional justice issues throughout the world. She has recently published Dignity Rights: Courts, Constitutions, and the Worth of the Human Person (U. Penn 2012), with a Foreword by former President of the Israeli Supreme Court, Aharon Barak. This is the first book to explore the constitutional law of dignity around the world. In it, Professor Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. She argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies.
She previously published Reconciliation in Divided Societies: Finding Common Ground, (co-authored with South African scholar Jeremy Sarkin) in the University of Pennsylvania Press’s Human Rights Series in 2006; a paperback edition was published in 2010. Read the Foreword by South African Archbishop Emeritus Desmond Mpilo Tutu (.pdf).
She has also written on comparative environmental law and is co-authoring a book on environmental constitutionalism with Widener Professor James R. May (forthcoming from Cambridge University Press).
She is currently at work on a project investigating transitional justice in Iraq and that country's path toward democracy since the fall of Saddam Hussein in 2003.
Professor Daly joined the faculty at Widener in 1993, serving as Assistant Professor from 1993-96 and Associate Professor from 1996-2003. She was Associate Dean for Faculty Research and Development from 2007-2011; she has directed Widener’s summer programs in Sydney, Australia in 2000, 2003, and 2006 and in Venice, Italy in 2008.
Professor Daly teaches in the areas of Constitutional Law, Comparative Constitutional Law, First Amendment, Administrative Law, and Human Rights.
Selected Recent Publications
- Dignity Rights: Courts, Constitutions, and the Worth of the Human Person (U. Penn 2012), with a Foreword by Aharon Barak, former President of the Israeli Supreme Court.
- Reconciliation in Divided Societies: Finding Common Ground (U. Penn. 2006) with Jeremy Sarkin, with Foreword by Archbishop Desmond Tutu.
- Vindicating Fundamental Environmental Rights: Judicial Acceptance of Constitutionally Entrenched Environmental Rights (with James R. May), 11 Oregon Review of International Law 365 (2009)
- Rule of Law and Justice in Encyclopedia of Transitional Justice, eds. Lavinia Stan and Nadya Nedelsky, Cambridge University Press (forthcoming)
- Truth in Encyclopedia of Transitional Justice, eds. Lavinia Stan and Nadya Nedelsky, Cambridge University Press (forthcoming)
- Garcetti in Delaware, 7 Del. L. Rev. (2009)
- Human Rights in Encyclopedia of United States Political History, Vol. 7: 1976-Current, ed. Richard M. Vallely. Washington, DC: CQ Press (forthcoming)
- Truth Skepticism: An Inquiry Into the Value of Truth in Times of Transition, International Journal of Transitional Justice (forthcoming 2007)
- The New Liberty, 11 Widener L. Rev. 221 (2005).
- with Jeremy Sarkin, Too Many Questions, Too Few Answers: Reconciliation in Transitional Societies, 35 Colum. Hum. Rts. L. Rev. 661 (2004).
- Reparations In South Africa: A Cautionary Tale , 33 U. Mem. L. Rev. 367-407 (2003) (Symposium Issue).
- Let the Sun Shine In: The First Amendment and the War on Terrorism, Del. Law., Sum. 2003, at 14.
- New Hurdles for Environmental Justice Plaintiffs, 17 Nat. Resources & Env’t 18 (2002).
- Between Punitive and Reconstructive Justice: The Gacaca Courts in Rwanda, 34 N.Y.U. J. Int'l L. & Pol. 355-396 (2002).
- United States Supreme Court, entry in The Oxford Companion to the High Court of Australia, 692 (Tony Blackshield et al. eds., 2002).
- Transformative Justice: Charting a Path to Reconciliation, 12 Int'l Legal Persp. 73-183 (2002).