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