Legal methods

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Legal Methods
Relevant texts Image of Strauss' Legal Methods: Understanding and Using Cases and Statutes, 2d (University Casebook Series) (English and English Edition)
Strauss' Legal Methods: Understanding and Using Cases and Statutes, 2d (University Casebook Series) (English and English Edition)


Related course(s)

2nd edition, 2008. TOC source [1]

I. INTRODUCTION. 2[edit | edit source]

1. What is “law”? 3
2. In particular, what is “the common law”? 5
3. How is the judicial system organized? 15
4. How is legislative activity organized? 24
5. Are legal methods static, or have they varied over time, as society and its legal institutions have developed? 31

II. THE AGE OF DISCOVERY..... 37[edit | edit source]

A. INITIAL ENCOUNTERS 37
(1) A First Exercise in Statutory Construction 37
(2) A First Case ─ Swift v. Tyson 41
B. COMMON-LAW COURTS ENCOUNTERING NEW ISSUES.. 51
C. THE EFFECT OF A PRECEDENT ON A SUBSEQUENT CASE.... 73
D. SYNTHESIS.... 85

III. THE AGE OF FAITH........ 105[edit | edit source]

A. DEVELOPING PRODUCT LIABILITY 105
B. ON WRONGFUL DEATH AND THE RELATION BETWEEN THE COMMON LAW AND STATUTES.. 116
C. WORKPLACE SAFETY AND THE RAILROADS.. 126
THREE SAFETY APPLIANCES ACT PROBLEMS........... 142
LEGISLATIVE BACKGROUND TO THE FEDERAL RAILWAY SAFETY

APPLIANCES ACT 144

1. Presidential messages........... 144
2. House of Representatives Committee Report........... 146
3. Senate Debates........... 153
THE INTERSTATE COMMERCE COMMISSION AND IMPLEMENTATION OF THE RAILWAY SAFETY APPLIANCES ACT........... 190
THE COURTS ENCOUNTER THE RSA 205

IV. THE AGE OF ANXIETY........ 241[edit | edit source]

A. THE LIMITS OF FORMALISM.. 241
B. THE PRODUCT LIABILITY/WARRANTY SYNTHESIS THROUGH THE 30'S.. 252
C. FURTHER ON A SAFE WORKPLACE, WRONGFUL DEATH, AND THE USES OF STATUTES.. 293
(1) Changing Legal Institutions. 293
(2) Changing Judicial Approaches to Statutory Materials. 298
(3) The Place of Custom 311
(4) Reconciling Statutory and Judicially-Created Remedies in the Workplace 314
D. THE SUPREME COURT ADJUSTS ITS ROLE IN RESPECT OF (STATE) COMMON LAW .. 331
E. THE SUPREME COURT ADJUSTS ITS ROLE IN RESPECT OF STATUTES AND THEIR INTERPRETATION.. 338
NOTES ON POST NEW-DEAL STATUTORY INTERPRETATION 349
(1) What the Legislators Meant 352
NOTES ON THE EVALUATION OF LEGISLATIVE HISTORY..... 361
(2) What the Words Mean 365
(3) Statutes-in-Context 374
NOTES ON ADMINISTRATIVE AGENCY INTERPRETATION........... 386
F. A QUARTET OF THEORETICAL WRITINGS..... 391

IV. MODERN TIMES........ 411[edit | edit source]

A. FURTHER ON THE QUESTION OF PRODUCT LIABILITY 411
B. CONTEMPORARY STATUTORY INTERPRETATION – THE NEW TEXTUALISM AND THE FEE REIMBURSEMENT PROBLEM.. 450
1. Setting the Context – Attorney Fee Reimbursement for the Parents of Children Wrongly Denied Special Care by Their School Board 457
2. Congress Responds to Smith 480
I. Hearings........... 482
II. S. 415........... 483
III. H.R. 1523........... 500
IV. Conference Report........... 516
3. The Judicial/Legislative Dialogue Continues 527
4. The Problem Solved? 560
5. Modern Scholarly Writings About the Interpretation Problem 569
a. Historical perspectives........... 570
b. Scholars (and scholar-judges) associated with Law and Economics........... 573
c. Textualists........... 579
d. Purposivists........... 593
6. Recent Supreme Court Efforts – Resolution? 617
C. MORE ON THE PROBLEM OF AGENCY INTERPRETATION OF STATUTES.. 654
D. WHAT’S A JUDGE TO DO?.. 677