Book Description
Students know they can count on expert study guide author Joseph W. Glannon to clarify even the most complicated topics. Unquestionable effectiveness earned his civil procedure guides their bestselling status. Extensively revised and updated for its Fifth Edition, "Civil Procedure: Examples & Explanations" continues to introduce the principles of civil procedure and illustrate how they apply in typical cases.
Customer Reviews:
More of a question v. a review.......2007-09-18
Guys I wanted to ask is there any major differences between the 5th and 4th editions I noticed in the index they added in one more chapter on Discovery in the 5th edition but the rest of the 4th looks identical to the 5th edition. Any one have personal experience with this please let me know, you can reply back in another review here on Amazon. Thanks guys/gals!!
Helped me understand Civ Pro throughout the year.......2007-06-27
If you have a limited budget (and what student doesn't), this book is well worth the money. It clears the fog surrounding so much of Civil Procedure, and my professor even recommended it as a course supplement. I found it was helpful to read this at the beginning of a new subject in class, and it made the readings go faster. It is not an outline, and it isn't a book that's terribly useful two days before the final unless you want to read a few examples on a topic you're feeling shaky about. You have to use it throughout the semester to really get the most out of it, and it's easier to read in smaller chunks anyway. The rest of the books in this series are good, but this one was by far the best of the group, and if you can only buy one supplement your first year, buy this one.
Professor-recommended study aid.......2007-05-24
This is an excellent exam aid for the student who has already put in at least some of the work of studying during the semester but wants to sharpen up in preparation for finals. It is not a quick-and-ready, black letter law outline. It provides thoughtful, accessible analysis of the significant areas of civpro and then provides excellent short essay questions and answers.
This book is best at helping you practice the analysis necessary for perfoming well on essay exams. It is the only study aid my civpro professor recommends, and it helped me secure A's both semesters.
Civil Procedure.......2007-03-24
I didn't find it helpful. The information in the book wasn't what I expected it to be from it's description.
A Civ Pro Staple.......2007-01-14
A must have for any 1L. This book is a staple in the book library of any first-year law student taking civil procedure. It explains everything at an easily understandable level w/ examples and explanations to go along with it.
Average customer rating:
- An excellent overview
- Pragmatism that's reasonable.
- The polymath, Richard Posner, strikes again!
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The Problems of Jurisprudence
Richard A. Posner
Manufacturer: Harvard University Press
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The Problematics of Moral and Legal Theory
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Law, Pragmatism, and Democracy
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Frontiers of Legal Theory
ASIN: 0674708768 |
Book Description
In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society's values.
Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer's craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill.
The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigonc to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner's stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.
Customer Reviews:
An excellent overview.......2005-09-06
For newcomers to the philosophy of law and for anyone interested in legal reasoning and the difficult problems of jurisprudence, this book gives an excellent overview. The author discusses the history of the subject as well as giving a thorough discussion of modern developments. In addition, many references are given for readers who want to investigate the subject in more detail. The philosophy of law has become even more important in recent years due to the social tensions surrounding the Supreme Court of the United States as well as the difficult legal issues involved in nation building.
The following questions, among many others, arose for this reviewer when reading the book, with some of them being answered in the book and some not:
1. What is the difference, if any, between standards and rules?
2. What is the difference, if any, between substantive justice and formal justice?
3. Does the granting of broad discretionary powers to legal officials encourage abuse?
4. When a legal rule ages, does it become less or more applicable to the activities it is supposed to refer to, i.e. will judges become more tempted to declare exceptions and extensions to it?
5. How important is the use of formal logic in legal deliberations?
6. Can most, or even all, legal argumentation/deliberation be given an algorithmic or formulaic definition?
7. Can statutes or constitutions, being forms of communication, be verified in the same way as scientific hypotheses can?
8. Does good legal judgment consist of caution, detachment, imagination, and common sense or must these be supplemented by other activities or modes of cognition?
9. Is law an autonomous discipline, with the designation "autonomous" given its usual intuitive meaning?
10. Can the complexity of legal deliberations/reasoning of a judge be modeled successfully using a language or framework that is clearly not being used by that judge?
11. Is the "test of time" a legitimate criterion for accepting certain legal practices?
12. What is the role of metaphors in legal reasoning?
13. What is the role of defeasible reasoning in legal deliberation/argumentation?
14. Are legal deliberations always inconclusive?
15. Is there any need, from the standpoint of rational legal deliberations, for the "trappings of the judicial process," i.e. the elaborate courtrooms with elevated benches and compelled etiquette on the part of the observers and litigants?
16. Is criminal law dependent on the notion of free will?
17. Assuming that certainty is unattainable in most legal deliberations, what is the role of probability theory in these deliberations?
18. Is the interpretation of legal texts deductive, and if not, what does it mean to interpret a legal text?
19. What is the difference between common law and statutory law?
20. Does agreement on the meaning of legal texts depend ultimately on the use of force?
21. How does one characterize an activist judge from a non-activist one?
22. When a legal text or document is examined, is it always important to acknowledged the intent of the individual(s) who wrote it?
23. Can interpretations of legal documents ever be politically neutral?
24. Can a legal system be constructed that would be free of errors?
25. How influential has feminist thought been in the philosophy of law in the last few decades?
26. What is the nature of "prudentialism" that is advocated by the author of the book?
Pragmatism that's reasonable........2002-06-20
What is law? How exactly do judges reason out it's kinks? Does it operate on presumtions of behaviourism or free-will? Why aren't lawyers or judges puzzled by these quandries? Posner seeks answers and ends up in a not-so-comforting place.
This book starts small and ends big. From epistemology (how we gain legal knowledge) through ontology up through his concluding 'Pragmatist Manifesto' the book is quite philosophical and this may be offputting to some in the legal profession. As usual though, Posner tackles his subjects in a clear, fast-paced and exciting way. The task that Posner sets for himself is to forge a place in legal theory (or lack of?) between two radical extremes: On one hand, there is the view that law is a completely isolated profession and legal reasoning is completely internal to it. The other sees law as a clever guise for politics- it's 'methods' being a subterfuge for the judge to justify her political views.
Through pragmatism, Posner sees both theories as gross exageration- the first, falsley denying law's susceptibility to outside non-legal techniques and the second's refusal to acknowledge the judiciary's independence from the legislature.
As Posner acknowledges in the intro, Posner's view here is middle of the road and to many, it will be boring. He doesn't take sides, rather he creates a side: that of legal pragmatism. No matter what your persuasion philosophtical, political or jurisprudential persuasion, there's nothing like a little Posner to get you thinking!!
The polymath, Richard Posner, strikes again!.......1998-01-31
This book's analysis of the problems that confront judges when they decide cases is cogent, persuasive, and (without a dictionary) difficult to understand. However, if you can master the blended vocabulary of psychology, epistimology, and hermeneutics it is a brilliant tour de force that raises troubling questions about how to read foundational legal documents. A must read for legal scholars.-Kelly Whiting
Book Description
A favorite among law students and professors alike, the Examples & Explanations series is ideal for studying, reviewing and testing your understanding through application of hypothetical examples. Authored by leading professors with extensive classroom experience, Examples & Explanations titles offer hypothetical questions in the subject area, complemented by detailed explanations that allow you to test your knowledge of the topic, and compare your own analysis.
Customer Reviews:
Good Doctrinal Overview.......2007-01-11
This book was extremely helpful and accessible for illustrating general doctrine; however, although it discusses a smattering of major cases (e.g., Palsgraf) and other minor cases that may or may not appear in your torts textbook, it does not provide substantial depth for these cases and does not address important dissents (such as Andrews' dissent in Palsgraf), so you shouldn't attempt to rely on it for that purpose. You could easily get through torts without this book, but given the nature of law school curves, why not give yourself every advantage?
The best of the E&E series.......2007-01-11
Torts and Property are the top two E&E books in terms of how helpful they are in covering complex topics for the 1st year law student. This book's layout matches almost perfectly with most torts courses, and the essay exam practices were the most helpful for my finals. Probably the best of the E&E series.
My Verdict.......2007-01-10
Found this very helpful in reviewing the course before my Torts exam, recommend strongly...
Helpful book.......2007-01-04
I bought this book in addition to other E & E books for other classes. You can definitely get by without the book, not because the book isn't helpful, since the subject matter itself is relatively easy compared to other classes. It was helpful just as a general overview of the subject and in writing outlines.
Good book to understand concepts & prepare for torts exam.......2006-12-22
Read this book as you progress along in the course...makes Torts concepts easier to comprehend.
Average customer rating:
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Making the Case: An Argument Reader
Laurence Behrens
Manufacturer: Prentice Hall
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ASIN: 0130154008 |
Book Description
Focusing on legal issues, this book promotes the skills of written argument by stimulating readers to think and write about actual, compelling court cases. Its application of general rules to specific disputes provides an ideal approach to the development of logical thought and argument. Each chapter features broad and narrow issues of conflict to help explore the roles of jury members, prosecutors, and defense attorneys—and explain how to make claims (i.e., arrive at verdicts), based on support (the facts and evidence of the case itself), applying standards (the relevant laws). General issues include law and society, arguing effectively, emotional distress, homicide, freedom of speech, search and seizure, and sexual harassment. Sub-issues cover law and engagement rings, hot coffee spills, parental failure to control children, skiing accidents, barroom brawls, and high school sports injuries. For individuals interested but untrained in the law, fascinated by human drama, and curious about our duties and responsibilities to other people and our society at large.
Book Description
An examination of what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of good society. In order to form a ‘more perfect union’ with slaveholders, late eighteenth century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Customer Reviews:
Problematic analytical tools hurt value of this book.......2006-11-20
This is an interesting effort to revive the horrible historical reputation of the dreadful Dred Scott decision. Although well researched and written in a smooth style, I question the use of 20th and 21st Century contract law analysis to criticize Lincoln's view of slavery restriction in the territories. Also, Graber limits his view of Madison's thoughts on slavery in the territories to the period around the Missouri Compromise. Later in life, Madison did accept that the Constitution provided Congress with the legislative discretion to ban slavery there. Graber appears to argue throughout the book that the Constitution required compromise on the slavery issue. Congress had the right to ban slavery there and nothing in the Constitution limited citizenship to whites. Just because the people of the time were divided on both notions does not mean that such public opinion is controlling. Waiting for majorities to catch up on such issues dispels any need for judicial review, does it not? When the slavocracy leaders of the South fought tooth and nail to end the Missouri Compromise, many in the North felt there was no requirement to continue to give in to the South's wishes. Give them Nebraska, they wanted Cuba and Mexico. That's required in the Constitution? Reading this book was worthwhile. I was just disappointed in the penchant of the author to support his views with incomplete or undeveloped arguments. Nice research, subpar analysis.
Book Description
A favorite among law students and professors alike, the Examples & Explanations series is ideal for studying, reviewing and testing your understanding through application of hypothetical examples. Authored by leading professors with extensive classroom experience, Examples & Explanations titles offer hypothetical questions in the subject area, complemented by detailed explanations that allow you to test your knowledge of the topic, and compare your own analysis.
Customer Reviews:
Essential to Understanding What's Actually Going On.......2007-07-05
Some of Property is pretty straightforward, and other topics are ridiculously counterintuitive. This book makes it so much easier to put it all together and make it ALL make sense. Especially essential if your prof is the type who likes to hear himself talk and never take questions ...
Get this book if you have a riddle-talkin' professor!.......2007-05-26
This book got me through my Property Exam, especially the parts concerning conveyances. If you have a professor who'd rather ramble on for hours on end about conveyances, without really explaining what all the terms mean, then you are going to need this book. The other parts are also helpful -- covenants, nuisance, and restrictions on land use -- but I mainly focused on the conveyance sections.
Do not attempt this course without this book.......2007-05-14
You will read the cases and go to class, but you can't touch this subject until you've answered fifty questions WRONG. It can either be in this book or on the exam. You decide.
Very Useful.......2007-05-14
This book was great at explaining some of the weird property rules that are out there in a way that was very understandable, and most importantly, easy to remember. My property class was only one semester, so we didn't cover everything that was in the book, but I can attest to the personal property stuff, adverse possession, servitudes, landlord-tenant law, zoning, nuisance, and eminent domain.
Not nearly as good as the other E&Es.......2007-05-02
The quantity of typographical errors in this hornbook (and it is a second edition!) are sufficient to make me recommend that you don't purchase it. The errors are not just simple misspellings (though there are plenty of those), but the kind were the wrong word, or party name, is used in such a way as to destroy the value of a hypothetical and cause unnecessary confusion. I get the sense reading it that the authors hastily jotted this book on a plane ride and had one too many scotches on the way.
To put it simply, when I found myself going to other sources to "hornbook" my hornbook, I knew it was time for a negative review. At $37, you shouldn't have to double check what is supposed to be your backup. Skip it until they clean up their act with a third edition.
Product Description
This innovative casebookwhich has proved extremely popular with students and professors alikestarts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which broader jurisprudential issues can be re-examined. Accordingly, this book goes beyond plugging Internet-related cases into a series of pre-existing doctrinal categoriesFirst Amendment, copyright, trademark, etc.and instead emphasizes the conceptual debates that cut across the areas of doctrine touched by cyberspace. Moreover, the casebook uses the rise of the Internet to encourage readers to reconsider various assumptions in traditional legal doctrine. This dual focus provides readers with broad-based and sophisticated training in Internet-related legal issues while also making the argument that cyberlaw is a coherent and useful field of study. Thus, instead of compiling a list of topic areas, the book seeks to define a set of conceptual issues that extend across the spectrum of Internet legal dilemmas. While all of the traditional subject matter areas of cyberlaw are addressed, they are placed in a new framework one that asks both students and professors to consider what it is that cyberlaw has to teach us about law more generally. The new edition retains the qualities that have made the book so successful in law schools across the country. It is compact, serves a variety of course formats, builds new cases on top of a foundation of non internet legal doctrine, and fosters lively and provocative class discussions. The third edition will, of course, provide updated case and statutory coverage, but in addition, the casebook has undergone a major revision to provide even greater conceptual clarity and respond to user feedback Treatment of subjects has been adjusted throughout to reflect new thinking in the field, each chapter now includes greater framing to highlight the issues to be explored, materials have been reordered to make more intuitive conne
Customer Reviews:
An excellent introduction.......2007-02-05
A truly useful and intriguing work, this book abandons the traditional division of topics along doctrinal lines and chooses to group the subjects according to the way they challenge our established beliefs. Therefore, the reader encounters a chapter on "Geography and Sovereignty" rather than "Jurisdiction" or "Individual Autonomy and Commercial Control" rather than "Copyright". This works well and constantly makes the reader rethink Cyberlaw. The cases and articles are relevant and carefully chosen. Essential work for students, highly recommended for others.
Customer Reviews:
Newer edition available.......2006-07-31
A newer edition of this book is available. The 5th ed. is ISBN 0735556660. Published 04/13/2006.
Great study aid!.......2006-04-29
A agree with the previous comment, this book does have a strong MBCA focus but it does frequently reference Delaware law as well as occasionally some other states. This is an excellent study aid, I used to prepare for my corporations exam, but I wish I had been more diligent about reading it throughout the year as we were studying various subjects, no doubt my class would have made much more sense. Corporations has thus far been the most difficult law school course I"ve taken (partly due to my prof.) and this book was a life-saver. My only advice is not to wait to the last minute. Yes this book is a great summary of the course, but it's still very dense and nearly 700 pages long. It will take a good while to go through if you're really reading, outlining and trying to learn the material. I spent nearly all day for three full days just getting through this book. It was well worth the effort, but if I had to do it all over again, I would have kept up with the book during the course or started prepping a few weeks prior.
Solid Book, but with MBCA Focus.......2005-12-01
I write mainly to note that the book focuses almost exclusively on the Model Business Corporation Act, with only occasional references to Deleware or other state law. If your course has a similar focus, then this is a solid book that progresses well and lets you test you knowledge along the way. But if your class, like mine, focuses mainly on Deleware law, this book will prove significantly less useful. The book will often state something generic like, Some states allow X and others do not. But it rarely specifies which states have adopted which approach.
An excellent synopsis of Corporations law.......2000-06-28
I highly recommend this book. Solomon and Palmiter, following in the tradition of Glannon's Civil Procedure, make corporations law accessible.
Customer Reviews:
Poor Casebook.......2007-07-30
zanandjayna's review sums up much about how I feel about this casebook.
Other complaints that I had is that the notes/comments sections are quite poor and are usually of little relevance to the case and/or concept you just studied. Also many of the cases have been poorly edited, leaving out key concepts that most prof's expect you to know.
All in all, this is a poor casebook. If you use it i recomend a good supplement.
Great Casebook.......2005-11-10
In comparison to the other casebooks I've been forced to read this year as a 1L, this casebook is probably the best written. Instead of just placing emphasis on the cases and the rules to glean from them, it also highlights key principles and strategies to use as a lawyer in the future(termed lawyering by the authors). I must admit that taking Nathan Crystal's contract class obviously helps in the understanding of the book, but it's a good regardless.
Great Seller.......2005-09-11
This seller is great, the book is in great condition and I paid half of what everyone else paid, not to mention the fact that the bookstore sold out and I was one of the only people in my class that had a book. Great seller, great conditioned book, fast shipping. Thanks!!!
best casebook out there.......2003-12-22
This casebook was, by far, the best casebook I had as a 1L. It was well-organized, insightful, and clear. The author notes did much to clarify the complexities of contract law. As a student of Knapp's I'm probably a bit biased, but I did effectively learn my contracts.
Ugh..........2003-12-06
This book is extremely tedious. The authors use extensive language, commentary, and notes which further confuse and do not explain the already-difficult concepts presented in the cases.
Not for pleasure reading. This book is used in Contracts Law classes; if your professor is not one who likes explaining things to any great extent I highly suggest purchasing a supplement or two to help you understand on your own.
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