American Law in a Global Context: The Basics

Front Cover
Oxford University Press, 2005 - 682 pages
Whatever your background, if you seek an understanding of the legal system of the United States, this is the book for you. 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. George P. Fletcher and Steve Sheppard's exciting approach contrasts the American legal system with other legal systems, especially those of continental Europe. This comparison illuminates the core concepts of US law, making them easily understandable to readers from other systems, and offering a unique perspective on American law as part of global network of laws. Designed to help the foreign student grasp the basic ideas of pedagogy, legal institutions, and substantive law in the US, appendices include an introduction to the common law method, instruction on how to read a case, and the interpretation of statutes. Based on the course for lawyers from across the globe studying American law at Columbia University, this cutting edge volume makes the basics of American legal education accessible to students and the public worldwide. A must-own reference source for LLM students, undergraduates, and students of US law in other countries.--Provided by publisher.

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Contents

INTRODUCTION
3
ONE The Common Law
15
TWO The Civil Law
29
Common
54
FOUR Legal Reasoning
75
FIVE The Constitution as Code III
111
SIX Judicial Review
132
SEVEN Federalism
150
NINETEEN Contract as Law
395
TWENTY Contract as Justice
413
TWENTYONE Contractual Harm
426
TWENTYTWO Foundations of Tort Law
440
TWENTYTHREE Economic Efficiency
452
TWENTYFOUR From Contributory to Comparative
472
Punitive Damages
488
TWENTYSIX The American Civil Trial in Outline
502

EIGHT The Alternative Constitution
172
NINE Equality Prevails
201
TEN Freedom Fights Back
224
ELEVEN The Jury
243
TWELVE Due Process Ascendant
259
THIRTEEN Coordinating the States
276
FOURTEEN Multiple Common Laws?
302
SIXTEEN The Triumph of Equity
338
SEVENTEEN Contemporary Property
358
EIGHTEEN The Frontiers of Property
376
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
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