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The American Common Law Method

Author: Richard B. Cappalli
Publisher: Hotei Publishing
ISBN:
Size: 16.50 MB
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There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by American judges in applying that theory to specific fact-patterns. Special classroom adoption prices are available. Published under the Transnational Publishers imprint.

Advanced Case Law Methods

Author: Richard B. Cappalli
Publisher: Brill - Nijhoff
ISBN:
Size: 71.11 MB
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This book, by the author of The American Common Law Method, is an excellent source of continuing judicial education for judges at all levels as well as an accessible teaching tool for the classroom. An opening section explains the basic principles of common law methods for creating and applying case law. Advanced Case Law Method then examines the methods used by appellate courts in four states to create case lines on distinct topics. After each case in each line, the author poses several questions concerning the court's performance as a creator and user of case law. For instance, one chapter traces the "at will" employment doctrine as developed by the New York Court of Appeals and subsequent efforts to create public policy exceptions to the rule. Another looks at the struggle of the appellate courts of Pennsylvania to limit the "intentional infliction of emotional distress" tort doctrine. The New Hampshire group of cases goes back to the mid-18th century and examines railroad liability issues, culminating in the 21st century with duties imposed on internet information providers when the buyer of information causes harm to the seller. The Texas cases treat the "spoliation" doctrine which penalizes a party responsible for causing key evidence to disappear. Following the questions raised by the examined cases, Advanced Case Law Methods includes the suggested responses. The text is then supplemented by a section intended to make the questions and suggested responses a springboard for discussion at seminars, conferences and even classrooms. Judges, therefore, won't have to worry about "doing homework" and getting wrong answers. Published under the Transnational Publishers imprint.

The Common Law And The Case Method In American University Law Schools A Report To The Carnegie Foundation For The Advancement Of Teaching

Author: Josef Redlich
Publisher: Sagwan Press
ISBN: 9781377234403
Size: 36.64 MB
Format: PDF
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

English Common Law In The Early American Colonies

Author: Paul Samuel Reinsch
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584774878
Size: 31.93 MB
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Reinsch, Paul Samuel. English Common Law in the Early American Colonies. Madison: [Bulletin of the University of Wisconsin], 1899. 64 pp. Reprint available December, 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-487-8. Cloth. $65. * This focused study of the institutional framework of colonial government addresses the colonial policy of the European powers, the motives and methods of colonial expansion, the general forms of colonial government and how the administrative and legislative methods of each colony grew to accommodate them.

Common Law History And Democracy In America 1790 1900

Author: Kunal M. Parker
Publisher: Cambridge University Press
ISBN: 1139496360
Size: 56.57 MB
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This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.