Authors: Michael S. Hamilton, George W. Spiro
ISBN-13: 9780765620866, ISBN-10: 0765620863
Format: Hardcover
Publisher: Sharpe, M. E. Inc.
Date Published: January 2008
Edition: REV
Book Synopsis
Table of Contents
Preface xi
The Nature and Function of Law 3
Why Do We Need a System of Rules? 3
Private Rules for Social Ordering 5
Customs and Morals versus Law 6
The Various Perspectives of Law 7
Some Requirements for an Effective Legal System 8
The Creation and Application of Law: An Introduction 10
Chapter Problem 11
Questions for Review 12
The Courts and Adjudication 14
Criminal Law and Civil Law 14
Court Systems: Organization and Jurisdiction 16
The Process of Adjudication 23
Boyle v. Vista Eyewear 26
Lujan v. National Wildlife Federation 35
How to Read and Abstract an Appellate Decision 40
Chapter Problem 43
Questions for Review 44
The Trial Stage 46
Trial Procedure in a Civil Case Before a Jury 46
The Adversary System 52
The Trial Process: Some Problem Areas 53
Pennsylvania v. Napper 54
Alternative Dispute Resolution 68
Shearson/American Express v. McMahon 69
Chapter Problem 71
Questions for Review 73
Judicial Lawmaking I: Law Built on Precedents 74
The Common-Law Tradition 74
The Role of Precedents: The Doctrine of Stare Decisis and Its Rationale 77
An Illustrative Case: MacPherson v. Buick Motor Co. 81
Hinman v. Pacific Air, Hinman v. United Air Lines Transport 86
Escola v. Coca-Cola 88
Hynes v. New York Central Railroad 91
Restraints on Judicial Lawmaking 94
Common Law and Equity Theories in Statutory Law 95
Chapter Problem 99
Questions for Review 100
Lawmaking by Legislatures 101
The Legislative Process 101
Differences Between Decisional and Legislative Lawmaking 105
Some Problems of Legislative Drafting 112
Chapter Problem 115
Questions for Review 116
Judicial Lawmaking II: Interpretation of Statutes 118
The Intention of the Legislature 119
Temple v. City of Petersburg 120
The Use of Legislative History 126
United Steelworkers of America v. Weber 129
Other Aids to Statutory Interpretation 133
Chapter Problem 135
Questions for Review 136
Judicial Lawmaking III: Interpreting the Constitution 137
Examples of Constitutional Issues 137
U.S. Constitutions 138
The Supreme Court as the Final Constitutional Arbiter 139
Restraints on the Exercise of Judicial Review 144
Taking Private Property for Public Purposes 149
Kelo et al. v. City of New London et al. 150
Lucas v. South Carolina Coastal Council 153
The Supreme Court as Policymaker 157
Free Speech and Flag Burning 158
Texas v. Johnson 159
Chapter Problem 163
Questions for Review 164
Administrative Lawmaking and Adjudication 165
The Emergence of Administrative Agencies 166
Legislative Rulemaking by Administrators 169
Yakus v. United States 171
Adjudication and Decisional Rulemaking by Administrators 175
Board of Governors of the Federal System v. Dimension Financial Corporation 178
Achievements and Disappointments 180
Chapter Problem 183
Questions for Review 184
Private Contributions to the Legal System 186
Private Contributions to Lawmaking 186
Alternative Dispute Resolution 188
Collective Bargaining Agreements: An Example of Industrial Self-Government 189
Chapter Problem 200
Questions for Review 201
Law in Society: A Conclusion 203
Chapter Problem 204
Bibliographic Note 207
Index 211
About the Authors 219
Subjects