The Legal Analyst
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| Author | : Ward Farnsworth |
| Publisher | : University of Chicago Press |
| Total Pages | : 714 |
| Release | : 2024-05-31 |
| Genre | : Law |
| ISBN | : 0226238369 |
There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples. The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
| Author | : Frederick F. Schauer |
| Publisher | : Harvard University Press |
| Total Pages | : 256 |
| Release | : 2009-04-27 |
| Genre | : Law |
| ISBN | : 0674032705 |
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
| Author | : Cassandra L Hill |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Critical thinking |
| ISBN | : 9781632849472 |
Legal Analysis: 100 Exercises for Mastery: Practice for Every Law Student offers 100 paced exercises to sharpen students' legal analysis skills. Professors will find: * A bank of 100 legal analysis exercises at the ready, whenever students' analysis skills need attention or refinement * Exercises adaptable to any paradigm, that increase the depth of students' writing * Varied assignments that contain thoughtful sample answers and helpful annotations * Learning objectives and outcomes for each chapter * Assessment and grading rubric for each chapter * Go-to material ready for any class period * 100 exercises that can be used as is or expanded to fit professors' preferences * Sample annotated answers for 50 of the exercises that their students can use to assess their own performance * A Teacher's Manual for professors with sample annotated answers for the remaining 50 exercises and helpful variations on exercises * Online resources for ready access to authority Students will receive: * Tools students need to develop a keen understanding of rule-based and analogical reasoning
| Author | : Michael A. Livermore |
| Publisher | : Seminar |
| Total Pages | : 528 |
| Release | : 2018-12 |
| Genre | : Law |
| ISBN | : 9781947864139 |
In recent years, the digitization of legal texts and developments in the fields of statistics, computer science, and data analytics have opened entirely new approaches to the study of law. This volume explores the new field of computational legal analysis, an approach marked by its use of legal texts as data. The emphasis herein is work that pushes methodological boundaries, either by using new tools to study longstanding questions within legal studies or by identifying new questions in response to developments in data availability and analysis. By using the text and underlying data of legal documents as the direct objects of quantitative statistical analysis, Law as Data introduces the legal world to the broad range of computational tools already proving themselves relevant to law scholarship and practice, and highlights the early steps in what promises to be an exciting new approach to studying the law.
| Author | : Jordan Furlong |
| Publisher | : |
| Total Pages | : 244 |
| Release | : 2017 |
| Genre | : Attorney and client |
| ISBN | : 9780995348806 |
Law has become a buyer's market, and it's never going back. Re-envisioning the purpose of law firms and the role of lawyers, Jordan Furlong has designed a transformative client-first law firm that rethinks the business model, culture, service, competitiveness, growth strategies, diversity, and leadership of modern legal enterprises.
| Author | : Ward Farnsworth |
| Publisher | : University of Chicago Press |
| Total Pages | : 189 |
| Release | : 2014-10-14 |
| Genre | : Law |
| ISBN | : 022614433X |
Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.
| Author | : George W. Kuney |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 9781594606281 |
Mastering Legal Analysis and Drafting seeks to emphasize the fundamental structure and methods of legal drafting, which, the authors contend, are grounded in a surprisingly few, elemental rules and techniques of legal analysis and deployment of legal authorities amid relevant facts. It is designed to help the novice legal drafter identify those elemental rules and techniques and show how they are used to prepare effective legal writing in different formats, most of which share common elements and structures. The book begins with a discussion of legal analysis, followed by a discussion of general drafting principles and rules, and then proceeds to apply these concepts in the following chapters to specific forms of legal writing including:client letters, demand letters, research memoranda, motions and supporting documents, appellate briefs, contracts and instruments, and legislation. It closes with a chapter on "writing to build a record" that reprises the other chapters and highlights the key concepts.
| Author | : Ruth Ann McKinney |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 9781611631104 |
Please note that the supplemental materials website has moved to caplaw.com/rll Studies show that the reading skills your students have developed in college may not be enough to ensure their success in law school. Reading law requires professionals to understand the purpose of their reading, to form and express opinions about what they're reading, to apply legal logic, to read with energy, and to adopt sophisticated reading habits that are unique to the study of law. Written for law students, pre-law students, paralegals, and others interested in developing these reading skills, Reading Like a Lawyer teaches each of the following critical legal reading skills: how to read legal casebooks and engage in class, as well as how to use your reading to prepare for exams; how to read published court cases outside of a casebook; how to read legislative material; and how to read online effectively. Based on sound educational research, each chapter includes exercises that challenge students to apply what that chapter has taught. A website accompanies the book and includes additional readings (e.g., on logic) plus opportunities for students to gain confidence by testing their own thoughts against those of the author. For faculty, Reading Like a Lawyer includes a separate teacher's manual and a faculty website with a powerpoint that mirrors the book's principle lessons.
| Author | : Laura Coates |
| Publisher | : Simon and Schuster |
| Total Pages | : 272 |
| Release | : 2022-01-18 |
| Genre | : Biography & Autobiography |
| ISBN | : 1982173769 |
"A ... true story and ... account of bias in the courtroom from CNN senior legal analyst Laura Coates, recounting her time as a Black female prosecutor for the US Department of Justice"--
| Author | : Noura Erakat |
| Publisher | : Stanford University Press |
| Total Pages | : 405 |
| Release | : 2019-04-23 |
| Genre | : History |
| ISBN | : 1503608832 |
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
