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