Reflections: Personal and Institutional, On the Past and Future Southeastern Association of Law Schools
In: University of Missouri-Kansas City Law Review, Band 86, Heft 3
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In: University of Missouri-Kansas City Law Review, Band 86, Heft 3
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In: Emory Legal Studies Research Paper
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In: 63 Emory L.J. Online 53 (2014)
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In: 25 Pac. McGeorge Global Bus. & Dev. L.J. (2012)
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Cricket and baseball are the summer national pastimes of England and America. They both involve players, one of whom propels a hard leather ball toward another with the intent of getting that other "out."The hitter tries to avoid getting out and attempts to hit the ball as far as possible. Umpires preside. Despite all these and other common factors, the games are different. Baseball is brash and dusty, and umpires endure frequent abuse; cricket is restrained and village greenish, and umpires rarely suffer abuse. Both games draw from history and culture.Where transplanted the games assume a different guise. In the West Indies a Caribbean passion possesses cricket. In Central America a Latin bravado inspires baseball.Much the same can be said of the common law. To the American,cricket and English law seem confined and stodgy. Baseball and American law to the Englishman seem overwrought and brazen. A book to bridge our knowledge gap in sports has not been written. Fortunately,however, Professors Patrick S. Atiyah and Robert S. Summers have written a book that should cure us of our legal ignorance and do much to lead us to a deeper understanding of the common law. The common law is our heritage but the way it is employed differs in each country. English courts would not dare, as their American cousins have, judicially to create strict liability for defective products or to replace the defense of contributory negligence with comparative fault. These tasks are legislative. The role of the courts and their relationship with other lawmaking organs differ distinctly. This difference is a product of history, political philosophy, and culture.Professors Atiyah and Summers in Form and Substance in Anglo-American Law masterfully describe the differences in English and American law. But this work is no blind taxonomy of differences; their description is designed to validate a theory of the law. In this book comparative law informs legal theory. It is a significant contribution to modern jurisprudence.
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Through its excellence in scholarship, clarity, and ease of use, this casebook engages readers in a critical thinking about tort law. It sets forth crisply edited classic tort cases as well as cases reflecting the newest tort law trends. Its authors are a strong combination of respected scholars and those who practice in the subject. The casebook goes beyond judicial decisions and includes key tort-centered legislation and comparative perspectives where relevant. The casebook encourages the reader to understand the law's foundations and debate modern trends within various policy prescriptions. Unbiased in its approach and organized in manageable sections of information, the casebook is a superb tool for productive and stimulating classroom debate. Tort law doctrine and its rationale will come alive for students. The casebook, proven over 14 editions, assures that our students will be effectively guided to embrace the law of torts as a building block for the remainder of law school and a life in the law beyond. This new edition insures that it will maintain its place as the most widely adopted Torts casebook. ; https://scholarship.law.edu/fac_books/1104/thumbnail.jpg
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Combining excellence in scholarship and ease of use, this best-selling casebook engages readers in and encourages critical thinking about tort law with its compelling stories, crisply edited classic tort cases, and discussion of legislation and new public policy. Unbiased in its approach and organized in manageable sections of information, the casebook expands law students' understanding of tort law doctrine and rationale with helpful notes, memorable cases and statutes, and discussion of topics such as the increasing influence of legislatures on the common law of torts. This immensely popular casebook combines the best of the new tort cases while preserving the classics. It captures new trends and controversies in the law of torts, but the cases and notes are presented to allow the Professor to inject his or her perspectives and ideas without fighting the materials. ; https://scholarship.law.edu/fac_books/1007/thumbnail.jpg
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