American Law in a Global Context: The Basics

Paperback | January 19, 2005

byGeorge P. Fletcher, Steve Sheppard

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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. legalpractice. 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 theexpert. 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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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. legalpractice. The ideas central to the developmen...

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 Univ...

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Format:PaperbackDimensions:696 pages, 5.98 × 9.09 × 1.5 inPublished:January 19, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195167236

ISBN - 13:9780195167238

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Table of Contents

IntroductionPart I: Common Law1. Common Law2. Civil Law3. The Language of Law: Common and Civil4. Legal ReasoningPart II: Constitutional Identity5. The Constitution as Code6. Judicial Review7. Federalism8. The Alternative Constitution9. Equality Prevails10. Freedom Fights Back11. The Jury12. Due Process Ascendant13. Coordinating the States14. Multiple Common Laws?Part III: The Theory of Common Law: Liberalism and its Alternatives15. Feudalism16. The Triumph of Equity17. Contemporary Property18. The Frontiers of Property19. Contract as Law20. Contract as Justice21. Contractual Harm22. Foundations of Tort Law23. Economic Efficiency24. From Contributory to Comparative Fault25. Punitive Damages26. Stages of a Civil TrialPart IV: Criminal Law: The Adversary System and its Alternatives27. Where Would You Rather Be Tried?28. The Fate of Bernhard Goetz29. Self-Defense: Domestic and International Conclusion30. Summary: The Right and ReasonableAppendicesAppendix 1: How to Read (and Brief) a CaseAppendix 2: Common Law Method; or How to Do Things with CasesAppendix 3: The Interpretations of StatutesIndex

Editorial Reviews

"A challenging case book for foreign laywers. ...Exposure to actual cases provides these students with a deeper understanding of how Americans approach law and also confers the benefit of enabling them to be more successful on law school exams, including the bar examination. Fletcher andSheppard's work is an important contribution to pedagogy and to the resources available to those of us who teach U.S. law to students from abroad." --American Journal of Comparative Law