the legal analyst a toolkit for thinking about the law

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The Legal Analyst

Author : Ward Farnsworth
ISBN : 9780226238364
Genre : Law
File Size : 86. 67 MB
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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

Author : Ward Farnsworth
ISBN : UOM:39015068814717
Genre : Law
File Size : 59. 27 MB
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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

Thinking Like A Lawyer

Author : Frederick Schauer
ISBN : 9780674032705
Genre : Law
File Size : 66. 7 MB
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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.

Concepts In Law And Economics

Author : Jim Leitzel
ISBN : 9780190213992
Genre : Political Science
File Size : 35. 45 MB
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"Law and economics" involves the application of economic analysis to legal problems. Law and economics features in public policy debates as well as across the social sciences in fields such as political economy, constitutional economics, and political science. Concepts in Law and Economics: A Guide for the Curious provides a comprehensive integration of the fields of law and economics. In clear prose, Jim Leitzel challenges traditional approaches to law and economics and uncovers common themes that cut across the two fields, providing readers with a means of integrating their knowledge to examine problems through both a legal and economic lens. This book covers the major methods of law and economics and applies those methods to various issues, including art vandalism, sales of human kidneys, and the ownership of meteorites. Compact yet comprehensive, this is an ideal introduction to a vast number of concepts and controversies in the fields of law and economics. Economics students, law students, and those with a general interest in the social sciences will find Concepts in Law and Economics an interesting and engaging read, and will emerge with the necessary skills for thinking like a law and economics practitioner.

Logic For Lawyers A Guide To Clear Legal Thinking

Author : NITA
ISBN : 9781632813121
Genre : Law
File Size : 28. 42 MB
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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.

Farnsworth S Classical English Rhetoric

Author : Ward Farnsworth
ISBN : 9781567923858
Genre : Language Arts & Disciplines
File Size : 72. 84 MB
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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.

A History Of American Law Revised Edition

Author : Lawrence M. Friedman
ISBN : 1451602669
Genre : Law
File Size : 71. 64 MB
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A History of American Law has become a classic for students of law, American history and sociology across the country. In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices and attitudes toward property, slavery, government, crime and justice. Now Professor Friedman has completely revised and enlarged his landmark work, incorporating a great deal of new material. The book contains newly expanded notes, a bibliography and a bibliographical essay.

Heuristics And The Law

Author : Gerd Gigerenzer
ISBN : 9780262072755
Genre : Law
File Size : 58. 4 MB
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"Report of the 94th Dahlem Workshop on Heuristics and the Law, Berlin, June 6-11, 2004"--Page ii.

Getting To Maybe

Author : Richard Michael Fischl
ISBN : 9781611632170
Genre : Study Aids
File Size : 36. 83 MB
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Professors Fischl and Paul explain law school exams in ways no one has before, all with an eye toward improving the reader’s performance. The book begins by describing the difference between educational cultures that praise students for “right answers,” and the law school culture that rewards nuanced analysis of ambiguous situations in which more than one approach may be correct. Enormous care is devoted to explaining precisely how and why legal analysis frequently produces such perplexing situations. But the authors don’t stop with mere description. Instead, Getting to Maybe teaches how to excel on law school exams by showing the reader how legal analysis can be brought to bear on examination problems. The book contains hints on studying and preparation that go well beyond conventional advice. The authors also illustrate how to argue both sides of a legal issue without appearing wishy-washy or indecisive. Above all, the book explains why exam questions may generate feelings of uncertainty or doubt about correct legal outcomes and how the student can turn these feelings to his or her advantage. In sum, although the authors believe that no exam guide can substitute for a firm grasp of substantive material, readers who devote the necessary time to learning the law will find this book an invaluable guide to translating learning into better exam performance. “This book should revolutionize the ordeal of studying for law school exams… Its clear, insightful, fun to read, and right on the money.” — Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School “Finally a study aid that takes legal theory seriously… Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers.” — Steven L. Winter, Brooklyn Law School “If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don’t know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer—a good one—get this book. It's, quite simply, stone cold brilliant.” — Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website) Attend a Getting to Maybe seminar! Click here for more information.

One L

Author : Scott Turow
ISBN : 1429939567
Genre : Law
File Size : 68. 94 MB
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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. In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.

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