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hanks e elements law 2ed 2010

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Textbook in PDF format Elements of Law, 2nd edition, by Eva H. Hanks, Michael E. Herz & Steven S. Nemerson is a casebook that is ideal for any introduction to law or legal method course. It is designed to develop analytic, interpretive, and advocacy skills that will be helpful to students across the range of substantive courses, while also encouraging students to think critically about the judicial process and the role of judges in a democracy. The second edition of Elements of Law significantly reworks and updates the first edition, which was published in 1994, while preserving the essential features and many of the principal cases from that edition. This new edition is more compact than its predecessor because the lengthy materials on jurisprudence have been eliminated. Thus, half of the book is devoted to the common law and half to statutory interpretation. Contents Part I The Common Law Cases A. The Common Law B. “Cases” C. Courts D. Judges E. Litigation: How a Dispute becomes a “Case” F. Judgments and their Effects – Herein of Res Judicata, and Some Other Important Words J Reversing and Overruling Res Judicata and Stare Decisis Reading and Briefing Cases A. The Case Marie E. Kelly, Plaintiff-Appellant v. Donald C. Gwinnell and Paragon Corp., Defendants-Appellants, and Joseph J. Zak and Catherine Zak, Defendants-Respondents B. The Brief Heading Statement of the Case The Facts Procedural History and Outcome Here Issue or Issues (and Holding) Holding (and Issue or Issues) Reasoning Separate Opinions and Dissents Other Items of Note C. A Sample Brief Judging A. The Bases of Judicial Decisions B. Empathy, Passion, Reason: Two Examples Hynes v. New York Central Railroad Palsgraf v. Long Island Railroad C. A Final Note A Case Sequence Barrett v. Southern Pacific Co. Sample Brief Notes and Questions Peters v. Bowman Notes and Questions Peters v. Bowman Questions Sanchez v. East Contra Costa Irrigation Co. Notes and Questions Copfer v. Golden Wilford v. Little Notes and Questions Knight v. Kaiser Notes and Questions Reynolds v. Willson Notes and Questions Garcia v. Soogian Questions King v. Lennen Notes and Questions A Theory of Precedent A. Introduction B. What is Precedent? Precedent as a Rule What in a Precedent Binds? Questions C. Can Precedent Constrain? Introduction Categories and Characterizations Notes and Questions Decisions Without Characterizations Robins Dry Dock & Repair Co. v. Flint Notes and Questions Categories of Assimilation Do Some Precedents Constrain More Than Others? Questions D. Why a Doctrine of Precedent? Criticisms Utilitarian Defenses (a) Fairness (b) Predictability (c) Efficiency (d) Legitimacy Planned Parenthood v. Casey Notes and Questions Burkean “Conservatism” Are Courts Constitutionally Required to Adhere to Precedent? Anastasoff v. United States Notes and Questions E. “Living Law” and the “Dead Hand” Butler v. McKellar Notes Planned Parenthood v. Casey What Judges Do – A CODA A. Introduction B. Pennsylvania Coal v. Mahon Pennsylvania Coal Co. v. Mahon C. Note on the Jurisprudence of “Takings” D. In Search of Lodestars: Economics E. In Search of Lodestars: Politics F. In Search of Lodestars: “Property” G. In Search of Lodestars: “A Law of Rules” H. In Search of Lodestars: “Democracy” I. A (Somehwat Lengthy) Epilogue Keystone Bituminous Coal Association v. Debenedictis Notes and Questions Part II In the Domain of Statutes Statutes v. the Common Law A. A Common Law Rule Filmore v. Metropolitan Life Insurance Co. Notes and Questions B. The Statutory Complication Deem v. Millikin Notes and Questions Riggs v. Palmer Notes and Questions C. The Legislative Response Wadsworth v. Siek Questions Note on Statutes and Precedents Shrader v. Equitable Life Assurance Society Notes and Questions Theories of Statutory Interpretation A. Courts as Agents of the Legislature Traditional Intentionalism Doubts About the Focus on Legislative Intent (a) Fictional Intent (b) Public Choice Agents of a Principal without Intent (a) Broadening Intentionalism (i) “Imaginative Reconstruction” (ii) Purposivism (b) Narrowing Intentionalism — Herein of “The New Textualism” B. Courts and Legislatures as Lawmaking Partners Independent Judicial Judgment Dynamic Statutory Interpretation Legislative Supremacy Sources of Statutory Interpretation Church of the Holy Trinity v. United States Background Note The Sources of Interpretation Text Beyond Text Title Purpose Historical and Legislative Context Legislative History Later Amendments Public Policy and the Nature of Things Reading Statutory Texts A. The Primacy of the Text The Internal Revenue Code Building an Incinerator A Violent Felony The Case of the Suspended Teacher “Using a Gun” Using a House B. Statutory Uncertainty Why Aren’t Statutes Clearer? Vagueness Regina v. Ojibway Questions Notes and Questions Note on Vagueness and Delegation Ambiguity Nix v. Hedden Notes and Questions University of Utah Hospital v. Bethke Notes and Questions Punctuation and Grammatical Uncertainty Context United States v. Ressam Notes and Questions Canons of Construction (a) Invoking Canons United States v. Scrimgeour (b) Types of Canons (c) A Linguistic Canon — Expressio Unius Note on the Limits of Expression Unius (d) A Substantive Canon — The Presumption Against Interference with State Governmental Operations Gregory v. Ashcroft Notes and Questions United States v. Locke Notes and Questions United States v. Wells Fargo Bank Notes and Questions Statutory Purpose Heydon’s Case Christiansburg Garment Co. v. EEOC Notes and Questions Friedrich v. City of Chicago Questions West Virginia University Hospitals, Inc. v. Casey Notes and Questions Note on Determining, or Attributing, Purpose Note on Purpose and Proper Judicial Role In Re House Bill No. 1,291 Notes and Questions Legislative History A. Introduction B. Using Legislative History The Plain Meaning Rule A Hierarchy of Legislative Sources Question Legislative History in Practice (a) Air Quality Standards Questions (b) Liability for Hazardous Waste Cleanup Notes and Questions (c) Gregory v. Ashcroft Gregory v. Ashcroft Notes and Questions C. The Assault on Judicial Reliance on Legislative History Constitutional Illegitimacy Inaccurate Evidence of Members’ Actual Views Indeterminacy Unavailability and Cost Notes and Questions Note on Legislative History and ‘Democratic Exegesis” Statutes in the Administrative State A. Introducing Administrative Agencies B. Agency Interpretations C. Deference to Agency Interpretations Skidmore v. Swift & Co. Chevron U.S.A. Inc. v. NRDC Notes and Questions D. An Agency (In)Action Massachusetts v. EPA Notes and Questions Stability and Change in Statutory Law A. Stare Decisis in Statutory Cases Patterson v. McLean Credit Union Notes and Questions B. Changing Statutory Meaning Li v. Yellow Cab Co. Notes and Questions Saint Francis College v. Al-Khazraji Notes and Questions Bob Jones University v. United States Notes and Questions C. “Desuetude” — Herein of Statutory Obsolescence Franklin v. Hill Notes and Questions Summary and Conclusion: The Role of Judges in a Democratic Society Gregory v. Ashcroft Notes and Questions Chisom v. Roemer Notes and Questions Epilogue Appendix A The Federal Courts Appendix B New York State Courts Appendix C California State Courts Appendix D Geographic Boundaries of the Federal Courts Appendix E The Legislative Processs Appendix F Two Statutory Problems Problem I Problem II Table of Cases Index

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