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TC CONTENTS Preface 1. The Nature and Function of Law Why Do We Need a System of Rules? Private Rules for Social Ordering Customs and Morals versus Law The Various Perspectives of Law Some Requirements for an Effective Legal System The Creation and Application of Law: Some Introductory Remarks Chapter Problem Questions for Review 2. The Courts and Adjudication Criminal Law and Civil Law Court Systems: Organization and Jurisdiction The Process of Adjudication Boyle v. Vista Eyewear Lujan v. National Wildlife Federation Appendix 2.1. How to Read and Abstract an Appellate Decision Chapter Problem Questions for Review 3. The Trial Stage Trial Procedure in a Civil Case Before a Jury The Adversary System The Trial Process: Some Problem Areas Pennsylvania v. Napper Alternative Dispute Resolution Shearson/American Express v. McMahon Chapter Problem Questions for Review 4. Judicial Lawmaking I: Law Built on Precedents The Common-Law Tradition The Role of Precedents An Illustrative Case: MacPherson v. Buick Motor Co. Hinman v. Pacific Air, Same v. United Air Lines Escola v. Coca Cola Hynes v. New York Central Railroad Restraints on Judicial Lawmaking Common Law and Equity Theories in Statutory Law Chapter Problem Questions for Review 5. Lawmaking by Legislatures The Legislative Process Differences Between Decisional and Legislative Lawmaking Some Problems of Legislative Drafting Chapter Problem Questions for Review 6. Judicial Lawmaking II: Interpretation of Statutes The Intention of the Legislature Temple v. City of Petersburg The Use of Legislative History United Steelworkers of America v. Weber Other Aids to Statutory Interpretation Chapter Problem Questions for Review 7. Judicial Lawmaking III: Interpreting the Constitution Examples of Constitutional Issues U.S. Constitutions The Supreme Court as the Final Constitutional Arbiter Takings of Private Property for Public Purposes Kelo v. City of New London Lucas v. South Carolina Coastal Council Free Speech and Flag Burning Texas v. Johnson Chapter Problem Questions for Review 8. Administrative Lawmaking and Adjudication The Emergence of Administrative Agencies Legislative Rulemaking by Administrators Yakus v. United States Adjudication and Decisional Rulemaking Board of Governors v. Dimension Financial Corporation Achievements and Disappointments Chapter Problem Questions for Review 9. Private Contributions to the Legal System Private Contributions to Lawmaking Alternative Dispute Resolution Collective-Bargaining Agreements: An Example of Industrial Self-Government Chapter Problem Questions for Review 10. Law in Society: A Conclusion Chapter Problem Bibliographic Note About the Authors Index
Library of Congress Subject Headings for this publication:
Justice, Administration of -- United States.
Courts -- United States.
Law -- United States.