The Legal Analyst

The Legal Analyst Author Ward Farnsworth
ISBN-10 9780226238364
Year 2008-09-15
Pages 326
Language en
Publisher University of Chicago Press
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There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples. The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

The Legal Analyst

The Legal Analyst Author Ward Farnsworth
ISBN-10 UOM:39015068814717
Year 2007-06-15
Pages 341
Language en
Publisher
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Ex ante and ex post -- The idea of efficiency -- Thinking at the margin -- The single owner -- The least cost avoider -- Administrative cost -- Rents -- The coase theorem -- Agency (with Eric Posner) -- The prisoner's dilemma -- Public goods -- The stag hunt -- Chicken -- Cascades -- Voting paradoxes -- Suppressed markets (with Saul Levmore) -- Rules and standards -- Slippery slopes (with Eugene Volokh) -- Acoustic separation -- Property rules and liability rules -- Baselines -- Willingness to pay and willingness to accept : the endowment effect and kindred ideas -- Hindsight bias -- Framing effects -- Anchoring -- Self-serving bias, with a note on attribution error -- Presumptions -- Standards of proof -- The product rule -- The base rate -- Value and markets

Farnsworth s Classical English Rhetoric

Farnsworth s Classical English Rhetoric Author Ward Farnsworth
ISBN-10 9781567923858
Year 2011
Pages 253
Language en
Publisher David R. Godine Publisher
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Masters of language can turn unassuming words into phrases that are beautiful, effective, and memorable. What are the secrets of this alchemy? Part of the answer lies in rhetorical figures: practical ways of applying great aesthetic principles -- repetition and variety, suspense and relief, concealment and surprise -- to a simple sentence or paragraph. Farnsworth's Classical English Rhetoricrecovers this knowledge for our times. It amounts to a tutorial on eloquence conducted by Churchill and Lincoln, Dickens and Melville, Burke and Paine, and more than a hundred others. The book organizes a vast range of examples from those sources into eighteen chapters that illustrate and analyze the most valuable rhetorical devices with unprecedented clarity. The result is an indispensable source of pleasure and instruction for all lovers of English.

Restitution

Restitution Author Ward Farnsworth
ISBN-10 9780226144160
Year 2014-10-14
Pages 184
Language en
Publisher University of Chicago Press
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Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.

In the Shadow of the Law

In the Shadow of the Law Author Kermit Roosevelt
ISBN-10 9781429931496
Year 2006-06-13
Pages 384
Language en
Publisher Farrar, Straus and Giroux
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Morgan Siler is one of Washington, D.C.'s most powerful K Street law firms, its roster of clients stocked with multi-billion-dollar corporations. Through the obsessive efforts of its founder's son, Peter Morgan, his father's old-fashioned business has been transformed into a veritable goliath, embracing bankruptcy and merger divisions that Archibald Morgan had deemed ungentlemanly. As Peter reaches the pinnacle of his career, his firm is embroiled in two difficult cases: a pro bono death-penalty case in Virginia, and a class-action lawsuit brought against Hubble Chemical of Texas after an on-site explosion killed dozens of workers. Assigned to these cases is a group of young associates and seasoned partners struggling to make their way in the firm. Mark Clayton, fresh out of law school, is beginning to loathe his dull workload, and to be frightened by the downgrading of his personal life, when he is assigned to the pro bono case. Assisting him is the mercurial Walker Eliot, a brilliant third-year associate whose passion for the law is as great as his skill at unraveling its intricacies. The aggressive, profane, and wildly successful litigator Harold Fineman is leading the Hubble defense, assisted by first-year Katja Phillips, whose twin devotion to productivity and idealism intrigue him, and Ryan Grady, another first-year, whose quest to pick up girls is starting to interfere with his work. In this complex, ambitious, and gripping first novel, Kermit Roosevelt vividly illustrates the subtle and stark effects of the law on the lives not only of a group of lawyers, but also on communities and private citizens. In the Shadow of the Law is a meditation about the life of the law, the organism that is a law firm, and its impact on those who come within its powerful orbit.

Thinking Like a Lawyer

Thinking Like a Lawyer Author Frederick Schauer
ISBN-10 9780674032705
Year 2009-04-27
Pages 239
Language en
Publisher Harvard University Press
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This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.

Thinking Like a Lawyer

Thinking Like a Lawyer Author Kenneth J. Vandevelde
ISBN-10 9780813345253
Year 2010-12-28
Pages 352
Language en
Publisher Hachette UK
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When Kenneth J. Vandevelde's Thinking Like a Lawyer first published, it became an instant classic, considered by many to be the gold standard introduction to legal reasoning. In this long-awaited second edition, intended for fans of the original and a new generation of lawyers, Vandevelde expands his classic work with useful revisions and updates throughout. Law students, law professors, and lawyers frequently refer to the process of “thinking like a lawyer,” but attempts to analyze in any systematic way what is meant by that phrase are rare. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, plagued by difficult, virtually incomprehensible language, Vandevelde's work is accessible and clearly written. The second edition features new sections on the legislative process—describing step-by-step how legislation is enacted—and the judicial process—describing step-by-step how a case is litigated in court. Other new sections address the significance of dissenting and concurring opinions as well as the role of cognitive bias in factual determinations and on persuading a jury, on burdens of proof, and on presumptions. A new chapter provides contemporary perspectives on legal reasoning, which includes new material on feminist legal theory, critical race theory, and the economics of law. A new appendix is intended for prospective law students, explaining how readers can use the techniques in the book to help them excel in law school. Vandevelde's Thinking Like a Lawyer will help students, lawyers, and lay readers alike gain important insight into a well-developed and valuable way of thinking. Professors and students will find the book useful in almost any introductory law course at the graduate level and in advanced undergraduate courses on law.

Torts

Torts Author Ward Farnsworth
ISBN-10 0735582947
Year 2009
Pages 800
Language en
Publisher Aspen Law & Business
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The unique approach of Torts: Cases and Questions, Second Edition, presents extraordinary teaching cases positioned in tandem, challenging students to compare the cases and draw connections and distinctions between the two. Teachers across the country are discovering the lively and instructive classroom experience promoted by this fresh and innovative format. Torts: Cases and Questions, Second Edition, features: an exceptionally strong collection of cases arranged in pairs that challenge students to explain the distinctions between them logical organization that starts with intentional torts a balance of classic and contemporary cases chosen to stimulate active student engagement and lively class discussion intermediate cases shorter excerpts than principal cases, but more lightly edited than typical note cases that present a broad survey of the field problems integrated throughout the book that help students apply new concepts and prepare for exams a compatible pedagogical approach that supports a variety of teaching objectives an extensive Teacher's Manual that offers hundreds of interesting questions and answers suitable for classroom use Revised for enhanced clarity throughout, the updated Second Edition includes: coverage that reflects the expanded use of the Restatement (Third) of Torts additional facts added to some case descriptions notes on recent public events of interest, including the 9/11 Victims Compensation Fund and litigation over the painkilling drug Vioxx Now with enhanced clarity and even stronger teaching cases, the second edition of Torts: Cases and Questions will revitalize how you teach Torts while it provides complete and sustained support of your coverage preferences and teaching objectives. LOOKING FOR ADDITIONAL RESOURCES TO HELP YOU IN TORTS LAW? TRY EXAMPLES & EXPLANATIONS: LAW OF TORTS 4E (9780735588745) AND THE WOLTERS KLUWER BOUVIER LAW DICTIONARY: 2011 STUDENT EDITION (9780735568525) --TWO OF MANY GREAT STUDY GUIDES FROM WOLTERS KLUWER LAW & BUSINESS.

My Life in Court

My Life in Court Author Louis Nizer
ISBN-10 9781787202641
Year 2016-11-11
Pages 542
Language en
Publisher Pickle Partners Publishing
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In this electrifying bestseller, the shrewd and voluble trial lawyer Louis Nizer, who made a long career of representing famous people in famous cases, recounts some of his significant civil and criminal cases. Nizer rose to national fame with his real-life accounts of tension-filled courtrooms and the fervor of the advocate, and “My Life in Court” proved to be no exception: it rose to the top of the Times’s best-seller list on its publication in 1961 and logged 72 weeks as a sales leader. The book is an in-depth collection of some of Mr. Nizer’s court case success stories, including his client Quentin Reynolds’ famous libel action against the columnist Westbrook Pegler, which would also become the basis of the 1963 Broadway play “A Case of Libel.” Praised by critics as “entertaining and philosophically instructive, an unusual combination,” Nizer’s movie-like plots of real-life courtroom drama will keep you captivated until the very last page.

Logic for Lawyers A Guide to Clear Legal Thinking

Logic for Lawyers  A Guide to Clear Legal Thinking Author NITA
ISBN-10 9781632813121
Year 2015-03-11
Pages
Language en
Publisher LexisNexis
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To win in court, you must master the elements of legal logic - the ultimate tool of persuasion in the courtroom. In Logic for Lawyers: A Guide to Clear Legal Thinking, Senior U.S. Circuit Judge Ruggero J. Aldisert, tells how to use legal reasoning to persuade judges and juries. A 30-year veteran of the bench, Aldisert helps litigators understand and apply the elements of legal logic. Using these skills, you can argue more persuasively - both in briefs and before the court. And just as critically, you can also expose flaws in adversaries' arguments. The result? A competitive edge in the courtroom. Rather than miring readers in exotic formulas and theories often found in logic texts, Aldisert explains in broad strokes the basics of logic and its application to legal thinking. You'll gain important insight into the mental processes we use in "thinking like a lawyer." Reviews "This is a book about legal reasoning or legal logic. While not challenging Justice Holmes' classic statement, 'The life of the law has not been logic; it has been experience,' it offers telling arguments that legal reasoning, or legal logic, may plan an equal or even more significant role in the life of the law ... All judges, lawyers, and law students will greatly profit by reading it." -William J. Brennan, Jr., U.S. Supreme Court Justice (Ret.) "Logic for Lawyers is the product of a keen mind that has benefited from opportunities to engage in and examine legal thinking from a variety of perspectives. This volume fills a surprising void in the current legal literature. Its publication should be particularly welcomed by law students and those who teach them." -Mark A. Nordenberg, Chancellor and Professor of Law, University of Pittsburgh The eBook versions of this title feature links to Lexis Advance for further legal research options.

A Nation Under Lawyers

A Nation Under Lawyers Author Mary Ann Glendon
ISBN-10 0674601386
Year 1996
Pages 331
Language en
Publisher Harvard University Press
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Offering a guided tour through the maze of the late-twentieth-century legal world, in which even lawyers themselves can lose their bearings, Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance. "Glendon's analysis has historical depth and ideologial subtlety".--Publishers Weekly. 8 illustrations.

One L

One L Author Scott Turow
ISBN-10 9781447244936
Year 2014-05-22
Pages 256
Language en
Publisher Pan Macmillan
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One L, Scott Turow's journal of his first year at law school introduces and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Turow's multidimensional delving into his protagonists' psyches and his marvelous gift for suspense prefigure the achievements of his celebrated first novel, Presumed Innocent, one of the best-selling and most talked about books of 1987. Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty: Perini, the dazzling, combative professor of contracts, who presents himself as the students' antagonist in their struggle to master his subject; Zechman, the reserved professor of torts who seems so indecisive the students fear he cannot teach; and Nicky Morris, a young, appealing man who stressed the humanistic aspects of law. Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and throught-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are.