Download or read book The Mind and Method of the Legal Academic written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: ïJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-ö-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions _ and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.Í _ Ralf Michaels, Duke University, US ïThe Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.Í _ Ewoud Hondius, University of Utrecht, The Netherlands ïA wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.Í _ Gerhard Dannemann, Centre for British Studies, Berlin, Germany ïThis book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.Í _ Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands ïAcademic debate over law and legal scholarship has placed legal research and legal education under pressure. Jan SmitsÍ book is intellectual self-defence of legal scholarship tailored for the needs of tomorrow. The Mind and Method of the Legal Academic is fluid, creative and original. Makes wonderful reading for those who are concerned about the future of legal research and legal education in a globalized world.Í _ Jaakko Husa, University of Lapland, Finland In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.
Download or read book The Mind and Method of the Legal Academic written by J. M. Smits and published by Edward Elgar Pub. This book was released on 2012 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture.--Résumé de l'éditeur.
Download or read book Don t Go to Law School unless written by Paul F. Campos and published by . This book was released on 2012 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Going to law school has become a very expensive and increasingly risky gamble. When is it still worth it? Law professor Paul Campos answers that question in this book, which gives prospective law students, their families, and current law students the tools they need to make a smart decision about applying to, enrolling in, and remaining in law school. Campos explains how the law school game is won and lost, from the perspective of an insider who has become the most prominent and widely cited critic of the deceptive tactics law schools use to convince the large majority of law students to pay far more for their law degrees than those degrees are worth.DON'T GO TO LAW SCHOOL (UNLESS) reveals which law schools are still worth attending, at what price, and what sorts of legal careers it makes sense to pursue today. It outlines the various economic and psychological traps law students and new lawyers fall into, and how to avoid them. This book is a must-read if you or someone you care about is considering law school, or wondering whether to stay enrolled in one now.
Download or read book Contract Law written by Jan M Smits and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. Unlike most other texts _ which tend either to introduce students to the national contrac
Download or read book Law School Confidential written by Robert H. Miller and published by Macmillan. This book was released on 2000-07-14 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: I wish I knew then what I know now! Don't get to the end of your law school career muttering these words to yourself! Take the first step toward building a productive, successful, and perhaps even pleasant law school experience...read this book! Written for students about to embark on this three year odyssey, by students who have successfully survived law school. Law School Confidential demystifies the life-altering thrill ride that defines an American legal education by providing a comprehensive, blow-by-blow, chronological account of what to expect. Law School Confidential arms students with a thorough overview of the contemporary law school experience. This isn't the advice of graying professors or battle-scarred practitioners decades removed from the law school. Fresh out of University of Pennsylvania Law School, Robert Miller has assembled a panel of recent law school graduates all of whom are perfectly positioned to shed light on what law school is like today. Law School Confidential invites you to walk in their steps to success and to learn from their mistakes. From taking the LSAT, to securing financial aid, to navigating the notorious first semester, to exam-taking strategies, to applying for summer internships, to getting on the law review, to tackling the bar and beyond...Law School Confidential explains it all.
Download or read book Logic and Experience written by William P. LaPiana and published by Oxford University Press, USA. This book was released on 1994 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarilyby Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of thetransformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the oppositionto the changes at Harvard.
Download or read book Minding the Law written by Anthony G. AMSTERDAM and published by Harvard University Press. This book was released on 2009-06-30 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School
Download or read book Law and the Modern Mind written by Jerome Frank and published by Taylor & Francis. This book was released on 2017-07-12 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Download or read book Research Methods in Law written by Dawn Watkins and published by Routledge. This book was released on 2013-07-18 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to explain in clear terms some of the main methodological approaches in legal research. This is an edited collection, with each chapter written by specialists in their field, researching in a variety of jurisdictions. Each contributor addresses the topic of "lay decision makers in the legal system" from one particular methodological perspective, explaining how they would approach the issue and discussing why their particular method might, or might not, be suited to this topic. In asking all contributors to focus on the same topic, the editors have sought to provide a common link throughout the text, thereby providing the reader with an opportunity to draw comparisons between methods with relative ease. In light of the broad geographical range of its contributors, the book is aimed at an international readership. This book will be of particular interest to PhD students in law, but it will also be of use to undergraduate dissertation students in law, LL.M Research students as well as prospective PhD students and early year researchers.
Download or read book Law and the Modern Mind written by Jerome Frank and published by Routledge. This book was released on 2017-07-12 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Download or read book Rethinking Legal Scholarship written by Rob van Gestel and published by Cambridge University Press. This book was released on 2017-02-02 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Download or read book Sharpening the Legal Mind written by William Powers and published by University of Texas Press. This book was released on 2023-02-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way lawyers think about the law can seem deeply mysterious. They see nuance and meaning in statutes and implications in judicial opinions that are opaque to the rest of us. Accessible and thought provoking, Sharpening the Legal Mind explains how lawyers analyze the cases and controversies that come before the courts. Written by William Powers Jr., the former president of the University of Texas at Austin, this book is an authoritative introduction to the academic study of law and legal reasoning, including insights into the philosophy of law and the intellectual history of legal thought. Powers discusses the methods lawyers use to interpret the law, the relation between law and morals, and the role of courts in shaping the law. In eight chapters, he follows the historical debate on these issues and others through different generations and movements in American legal thought—formalism, realism, positivism—to critical legal studies and postmodern theory. The perfect read for anyone looking for a primer on legal reasoning, Sharpening the Legal Mind demystifies the debates and approaches to thinking like a lawyer that profoundly influence the rule of law in our lives.
Download or read book Legal Education in the United States written by Albert James Harno and published by The Lawbook Exchange, Ltd.. This book was released on 2004 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harno, Albert J. Legal Education in the U.S.: A Report Prepared for the Survey of the Legal Profession. San Francisco: Bancroft-Whitney Company, 1953. v, 211 pp. Reprint available August 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-441-X. Cloth. $70. * This concise yet detailed survey offers an excellent introduction to the history of American legal education from the colonial era to the 1950s. Its evolutionary perspective derives from one telling insight: "A social consciousness of the significance of law to a people is an attribute of a ripening civilization" (18). In succeeding chapters, Harno examines "Our English Heritage," "The Formative Period of American Legal Education," "Early American Law Schools and the Laissez Faire Period," "The Case Method," "Impact of Professional Organizations, Criticisms of Modern Legal Education," and "Legal Education-A Present Appraisement."
Download or read book Cracking the Case Method written by Paul Bergman and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cracking the Case Method is a concise and down-to-earth guide to the intellectual content of law school instruction, particularly in the first year. Readers will discover why and how law school instructors use appellate court cases as vehicles for teaching legal analysis. This book explains that legal analysis is a process by which judges and lawyers use argument (or rhetoric) to connect stories to legal conclusions, and reveals how to read judges' appellate court opinions as arguments rather than merely as sources of rules. To succeed in law school, students have to apply analytical skills to novel stories by crafting arguments of their own, both in class meetings and when answering final examination essay questions. This book promotes readers' ability to apply analytical skills by: Demonstrating how to "brief" cases in a way that captures both arguments and rules; Explaining and illustrating common types of arguments; Using actual law school classroom dialogues annotated by the authors to explain how instructors use classes to further law schools' goal of teaching argument skills; Setting forth effective final examination preparation strategies and techniques for crafting answers that demonstrate analytical skills; and Illustrating final exam strategies and techniques by providing actual law school final examination questions followed by model answers annotated by the authors. The subjects that readers will study in law school (whether rules of contracts or processes such as jury trials) all emanate from the Common Law Tradition. To further enhance readers' analytical understanding and skills, the book concludes with a chapter that provides a brief and colorful overview of this rich and fascinating tradition. The chapter includes comparisons to the common law tradition's Civil Law counterparts, enhancing the book's value to all readers.. If you want to achieve academic success in law school, this book provides you with the tools you need to Crack the Case Method. Reviews: "Law school study fundamentally differs from university study. Most first year law students therefore find the transition from college to law school difficult and bumpy. This book explains the differences and gives a thorough guide to what it takes to do well in law school, especially during that crucial first year. Students who want a significant edge over their classmates will read it before the first day of 1L. I wish I had." Alex Kozinski Chief Judge of the United States Court of Appeals for the Ninth Circuit "The Authors provide an accessible and often humorous guide to the Case Method. In addition to demystifying legal studies for the new student, the book provides a sound foundation for the future practitioner; the object of the Case Method, in the main, is to allow the application of legal principles to help clients resolve their problems." Hector G. Gallegos Partner and Head of Morrison & Foerster LLP's Los Angeles Litigation Department "Legal education and the legal profession are in the midst of a profound restructuring brought on by a revolution in technology and dramatic changes in the economy. In the midst of such change, Cracking the Case Method is a critically important work that will help all law students develop a lawyer's most important tool - using the venerable case method to carry out legal analysis and to hone their analytical skills - the essence of every lawyer's work. Cracking the Case Method is not an abstract academic exercise, but a nuts and bolts, how to approach to analysis that will train better lawyers and promote just results in our judicial system. The case method may be over 100 years old but how to use it as an effective tool for good lawyering has never been done like it is in these pages." Jeffrey S. Brand Dean and Professor of Law University of San Francisco School of Law"
Download or read book A New Introduction to Comparative Law written by Jaakko Husa and published by Bloomsbury Publishing. This book was released on 2015-05-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.
Download or read book How to Be Sort of Happy in Law School written by Kathryne M. Young and published by Stanford University Press. This book was released on 2018-08-07 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, over 40,000 new students enter America's law schools. Each new crop experiences startlingly high rates of depression, anxiety, fatigue, and dissatisfaction. Kathryne M. Young was one of those disgruntled law students. After finishing law school (and a PhD), she set out to learn more about the law school experience and how to improve it for future students. Young conducted one of the most ambitious studies of law students ever undertaken, charting the experiences of over 1000 law students from over 100 different law schools, along with hundreds of alumni, dropouts, law professors, and more. How to Be Sort of Happy in Law School is smart, compelling, and highly readable. Combining her own observations and experiences with the results of her study and the latest sociological research on law schools, Young offers a very different take from previous books about law school survival. Instead of assuming her readers should all aspire to law-review-and-big-firm notions of success, Young teaches students how to approach law school on their own terms: how to tune out the drumbeat of oppressive expectations and conventional wisdom to create a new breed of law school experience altogether. Young provides readers with practical tools for finding focus, happiness, and a sense of purpose while facing the seemingly endless onslaught of problems law school presents daily. This book is an indispensable companion for today's law students, prospective law students, and anyone who cares about making law students' lives better. Bursting with warmth, realism, and a touch of firebrand wit, How to Be Sort of Happy in Law School equips law students with much-needed wisdom for thriving during those three crucial years.
Download or read book The Common Law and the Case Method in American University Law Schools written by Josef Redlich and published by . This book was released on 1914 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
