Bodenheimer, Oakley and Love's Readings and Cases on an Introduction to the Anglo-American Legal System, 4th

Edgar Bodenheimer, John B Oakley, Jean C Love

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ISBN-13: 9780314150875

Last Updated: 1/7/2004

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Description

The authors have retained most of the original text with revisions to reflect new developments, while adding edited reports of many new cases. The new cases emphasize recent decisions of the United States Supreme Court, but also include an eclectic group of decisions by state appellate courts. Instructors who wish to introduce students to the case method of legal analysis will find they have ample resources to do so; instructors who wish to emphasize textual description of the key features of the Anglo-American legal system will find all the necessary materials still at hand, and may pretermit the illustrative cases as they see fit.

Features

Emmphasizes recent decisions of the U.S. Supreme Court
Examines statutory construction
Includes full reprint of "The Case of the Speluncean Explorers" by Fuller
Looks at the expanding scope of liability for loss or consortium
Provides expanded coverage of separation of powers

More Information

Table of Contents (PDF) »

Table of Authorities (PDF) »

Sample Pages (PDF) »

Index (PDF) »

Summary Of Contents

Summary of Contents (PDF) »

Preface To The First Edition
Preface To The Fourth Edition
Table Of Cases
Introduction: The Nature and Functions of Law
1. Prefatory Comments
2. Definitions of Law
Chapter
1. Law and the Process of Classification
  1. The Meaning and Importance of Classification
  2. Some Basic Distinctions and Classifications of the Law
2. Common Law, Equity, and the Development of the Anglo–American Court System
  1. The Common Law Courts and the Writ System
  2. The Forms of Action at Common Law
  3. Equitable Jurisdiction and the Court of Chancery
  4. Establishment of the Common Law in the United States
  5. The Merger of Law and Equity
  6. Modern English and American Courts
3. Statutes, Case Law, and Judicial Precedent
  1. Overview
  2. The Doctrine of Stare Decisis
  3. Statutory Law and Case Law
  4. The Problem of Retroactivity
4. The Ratio Decidendi of a Case
  1. Overview
  2. The Evolution of Products Liability at Common Law in New York
5. Logic and Policy in Legal Reasoning
  1. Theoretical Perspectives
  2. Logic and Policy in Judicial Opinions
6. Fundamentals of Statutory Interpretation
  1. Overview
  2. Basic Approaches to Statutory Interpretation
  3. Intrinsic Aids: Linguistic Canons of Statutory Construction
  4. Legislative History and Other Extrinsic Aids
  5. Contemporary Approaches to Statutory Interpretation in the United States
  6. Substantive Canons of Statutory Construction: Criminal Law
  7. Substantive Canons of Statutory Construction: Civil Law
  8. Reasoning From Statutes by Analogy
Appendix
Index