American Law in a Global Context: The Basics

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Oxford University Press, 2005 - Law - 682 pages
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American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system.
 

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Contents

INTRODUCTION
4
Common Law and Civil
13
TWO The Civil Law
29
Common
54
FOUR Legal Reasoning
75
Constitutional Identity
105
FIVE The Constitution as Code III
111
SIX Judicial Review
132
EIGHTEEN The Frontiers of Property
376
NINETEEN Contract as Law
395
TWENTY Contract as Justice
413
TWENTYONE Contractual Harm
426
TWENTYTWO Foundations of Tort Law
440
TWENTYTHREE Economic Efliciency
452
TWENTYFOUR From Contributory to Comparative
472
Punitive Damages
488

SEVEN Federalism
150
EIGHT The Alternative Constitution
172
NINE Equality Prevails
201
TEN Freedom Fights Back
224
ELEVEN The Jury
243
TWELVE Due Process Ascendant 2 59
259
THIRTEEN Coordinating the States
276
FOURTEEN Multiple Common Laws?
302
SIXTEEN The Triumph of Equity
338
SEVENTEEN Contemporary Property
358
TWENTYSIX The American Civil Trial in Outline
502
TWENTYSEVEN Where Would You Rather Be Tried?
531
TWENTYEIGHT The Fate of Bernhard Goetz
549
Domestic
568
SUMMARY The Right and the Reasonable
591
Appendices
613
APPENDIX TWO Common Law Method or How to
625
APPENDIX THREE The Interpretation of Statutes
642
INDEX
649
Copyright

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About the author (2005)


George P. Fletcher is the Cardozo Professor Jurisprudence at Columbia University School of Law. He is the author of many works on the U.S. Constitution and legal theory, and has taught his comparative introduction to American law course to lawyers from universities throughout the world.
Steve Sheppard is a law professor at the University of Arkansas. He has written widely on legal history and legal philosophy and recently edited The Selected Writings and Speeches of Sir Edward Coke, a founder of modern common law.

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