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{{Infobox Outline | {{Infobox General Outline | ||
| subject = Legal Methods | | subject = Legal Methods | ||
| book_one = 9781599413914 | | book_one = 9781599413914 |
Latest revision as of 16:17, June 20, 2015
Legal Methods | |
Relevant texts | Strauss' Legal Methods: Understanding and Using Cases and Statutes, 2d (University Casebook Series) (English and English Edition)
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Related course(s) |
2nd edition, 2008. TOC source [1]
I. INTRODUCTION. 2
- 1. What is “law”? 3
- 2. In particular, what is “the common law”? 5
- 3. How is the judicial system organized? 15
- 4. How is legislative activity organized? 24
- 5. Are legal methods static, or have they varied over time, as society and its legal institutions have developed? 31
- Paul Carrington, The Romance of American Law.....41
II. THE AGE OF DISCOVERY..... 37
- A. INITIAL ENCOUNTERS 37
- (1) A First Exercise in Statutory Construction 37
- (2) A First Case ─ Swift v. Tyson 41
- B. COMMON-LAW COURTS ENCOUNTERING NEW ISSUES.. 51
- C. THE EFFECT OF A PRECEDENT ON A SUBSEQUENT CASE.... 73
- Albro v. The Agawam Canal Co.
- R. Kent Greenawalt, Reflections on Holding and Dictum
- D. SYNTHESIS.... 85
III. THE AGE OF FAITH........ 105
- A. DEVELOPING PRODUCT LIABILITY 105
- B. ON WRONGFUL DEATH AND THE RELATION BETWEEN THE COMMON LAW AND STATUTES.. 116
- C. WORKPLACE SAFETY AND THE RAILROADS.. 126
- Walter F. Dodd, Administration of Workmen's Compensation
- Kohn v. McNulta
- THE FEDERAL RAILROAD SAFETY APPLIANCES ACT OF 1893........... 140
- THREE SAFETY APPLIANCES ACT PROBLEMS........... 142
- LEGISLATIVE BACKGROUND TO THE FEDERAL RAILWAY SAFETY
APPLIANCES ACT 144
- 1. Presidential messages........... 144
- 2. House of Representatives Committee Report........... 146
- 3. Senate Debates........... 153
- THE INTERSTATE COMMERCE COMMISSION AND IMPLEMENTATION OF THE RAILWAY SAFETY APPLIANCES ACT........... 190
- THE COURTS ENCOUNTER THE RSA 205
- Johnson v. Southern Pacific Co. (1902)
- Johnson v. Southern Pacific Co. (1904)
- Harry W. Jones, Some Causes of Uncertainty in Statutes
- Schlemmer V. Buffalo, Rochester & Pittsburg R. Co
IV. THE AGE OF ANXIETY........ 241
- A. THE LIMITS OF FORMALISM.. 241
- B. THE PRODUCT LIABILITY/WARRANTY SYNTHESIS THROUGH THE 30'S.. 252
- C. FURTHER ON A SAFE WORKPLACE, WRONGFUL DEATH, AND THE USES OF STATUTES.. 293
- (1) Changing Legal Institutions. 293
- (2) Changing Judicial Approaches to Statutory Materials. 298
- (3) The Place of Custom 311
- (4) Reconciling Statutory and Judicially-Created Remedies in the Workplace 314
- D. THE SUPREME COURT ADJUSTS ITS ROLE IN RESPECT OF (STATE) COMMON LAW .. 331
- E. THE SUPREME COURT ADJUSTS ITS ROLE IN RESPECT OF STATUTES AND THEIR INTERPRETATION.. 338
- NOTES ON POST NEW-DEAL STATUTORY INTERPRETATION 349
- (1) What the Legislators Meant 352
- NOTES ON THE EVALUATION OF LEGISLATIVE HISTORY..... 361
- (2) What the Words Mean 365
- (3) Statutes-in-Context 374
- NOTES ON ADMINISTRATIVE AGENCY INTERPRETATION........... 386
- F. A QUARTET OF THEORETICAL WRITINGS..... 391
IV. MODERN TIMES........ 411
- A. FURTHER ON THE QUESTION OF PRODUCT LIABILITY 411
- B. CONTEMPORARY STATUTORY INTERPRETATION – THE NEW TEXTUALISM AND THE FEE REIMBURSEMENT PROBLEM.. 450
- 1. Setting the Context – Attorney Fee Reimbursement for the Parents of Children Wrongly Denied Special Care by Their School Board 457
- 2. Congress Responds to Smith 480
- I. Hearings........... 482
- II. S. 415........... 483
- III. H.R. 1523........... 500
- IV. Conference Report........... 516
- 3. The Judicial/Legislative Dialogue Continues 527
- 4. The Problem Solved? 560
- 5. Modern Scholarly Writings About the Interpretation Problem 569
- a. Historical perspectives........... 570
- b. Scholars (and scholar-judges) associated with Law and Economics........... 573
- c. Textualists........... 579
- John F. Manning, Textualism and the Equity of the Statute
- Stephen Breyer, On the Uses of Legislative History in Interpreting Statutes
- d. Purposivists........... 593
- 6. Recent Supreme Court Efforts – Resolution? 617
- C. MORE ON THE PROBLEM OF AGENCY INTERPRETATION OF STATUTES.. 654
- Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.
- Thomas W. Merrill, Textualism and the Future of the Chevron Doctrine
- D. WHAT’S A JUDGE TO DO?.. 677
- Janine Collette v. St. Luke's Roosevelt Hospital
- Gerard E. Lynch, What Judges Do, Part I