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Heavily classroom-tested by the authors and other instructors, this powerful teaching tool puts an emphasis on vocabulary and solid learning aids to introduce the American legal system to foreign law students. Focusing on constitutional law, the authors provide in-depth coverage of major issues such as the health care mandate, Arizona immigration law, the Defense of Marriage Act, affirmative action, the Supreme Court citation on international authority and more. The American Legal System for Foreign Lawyers uses contract law to show the continued development of common law and considers the role and function of judges, characterizing the differences between common and civil law. Other important issues are highlighted such as the differences between judicial review of legislation under constitutional challenge, judicial interpretation of statutes, and judicial development and application of common law contract and property law principles. Interesting cases and solid case-reading coverage combine with tables, graphical material, and glossaries to help students grasp United States law. Features of The American Legal System for Foreign Lawyers: Heavily class-room tested by the authors and other instructors In-depth coverage of major issues Health Care Mandate Arizona immigration law Defense of Marriage Act Absorption of the Second Amendment Affirmative Action Supreme Court citation on international authority Uses contract law to show continued development of common law Considers the role and function of judges, characterizing the differences between common and civil law Highlights important differences judicial review of legislation under constitutional challenge judicial interpretation of statutes judicial development and application of common law contract and property law principles Teaching and learning aids tables charts and graphical materials chapter and whole book glossaries Interesting cases and coverage of case-reading
This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
This book, suitable as a primer for foreign LLMs ? or as an introductory survey for American students of both procedural and substantive law ? is a comprehensive, though concise, survey of the American legal system ? its structure and its methodology.
John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study and teaching of law. In this book, he explores individual Realist scholars' efforts to challenge the received notion that the study of law was primarily a matter of learning rules and how to manipulate them. He argues that empirical research was integral to Legal Realism, and he explores why this kind of research did not, finally, become a part of American law school curricula. Schlegel reviews the work of several prominent Realists but concentrates on the writings of Walter Wheeler Cook, Underhill Moore, and Charles E. Clark. He reveals how their interest in empirical research was a product of their personal and professional circumstances and demonstrates the influence of John Dewey's ideas on the expression of that interest. According to Schlegel, competing understandings of the role of empirical inquiry contributed to the slow decline of this kind of research by professors of law. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
A History of American Law has become a classic for students of law, American history and sociology across the country. In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices and attitudes toward property, slavery, government, crime and justice. Now Professor Friedman has completely revised and enlarged his landmark work, incorporating a great deal of new material. The book contains newly expanded notes, a bibliography and a bibliographical essay.
In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing
A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.
American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics, from how a lawsuit is filed to the final appeal. This new edition provides essential updates to forensic and scientific evidence, contract law, family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts.