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THE AMERICAN COMMON LAW METHODBy Richard B. Cappalli The system of judicial precedent is one of the great monuments of Anglo-American genius, celebrated worldwide for its ability to generate firm yet flexible law. This legal textbook comprehensively details both the theory underlying case law and the methodology employed by American judges in executing that theory. The text systematically presents the basic ideas of the great American judges like Holmes and Cardozo and academics like Pound and Llewellyn, along with the thinking of their modern counterparts.
This exceptional work functions as both a primer and a hombook. Part I utilizes a hombook style to take the reader in eight chapters, step by step, through common law methodology. Part II traces the development of a single common law doctrine in a series of fourteen United States Supreme Court precedents. Part III is a series of small chapters which, in Ii9ht of common law methodology, discuss some enduring general topics of the law. Richard B. Cappalli is Professor of Law at Temple University School of Law. He is the first recipient of the Temple Law School Klein Chair in Law and Government in recognition of his significant contributions to legal scholarship. A national authority on the legalities of the federal grant system, he is the author of Rights and Remedies Under Federal Grants and the three-volume treatise, Federal Grants and Cooperative Agreements which was voted "book of the year" by the research staff of the United States Supreme Court in 1982. Professor Cappalli has been teaching at Temple since 1976. Prior, he was professor of law for nine years at the University of Puerto Rico and before that an associate with Covington & Burling in Washington, DC. 1997.388 pp. ISBN 1-57105-041-8. $95.00/hardcover.Transnational Publishers, Inc. Ardsley Park Science & Technology Center 410 Saw Mill River Road Ardsley, NY 10502 Phone: (914) 693-5100 Fax: (914) 693-4430 e-mail: transbooks@aol.com www.transnationalpubs.com SUMMARY OF CONTENTSPART I: COMMON LAW METHODOLOGY IN THE UNITED STATES
PART II: THE DOCTRINE OF JUDICIAL AND EXECUTIVE IMMUNITY IN THE U.S. SUPREME COURT
PART III: GENERAL OBSERVATIONSCHAPTER 10: THE QUEST FOR CERTAINTY CHAPTER 11: COMMON LAW UNDER STATUTES CHAPTER 12: CIVIL AND COMMON LAW CHAPTER 13: RETROACTIVE CASE LAW CHAPTER 14: JUDICIAL POLICY APPENDIX A: SUPREME COURT IMMUNITY CASESAPPENDIX B: BASIC WRITINGS ON THE COMMON LAW METHODAPPENDIX C: CHALLENGES FOR THE READERREPRESENTATIVE CHAPTERCHAPTER FIVE: REASONING FROM PRECEDENTS§5.01 Scope of Chapter. Legal Reasoning. §5.02 Single Precedent Found. §5.03 Question of Similarity. §5.04 Need for Criterion of Relevance. §5.05 Start by Constructing Holding. §5.06 How to Determine Holding. §5.07 User's Prerogative to Construct Holding. §5.08 Examples of Fact Abstraction. §5.09 Narrow or Broad Holdings for Adversarial Purposes. §5.10 Subsume Case Facts Under Holding. §5.11 Rule's Purpose Solves Ambiguous Fact-to-Law Matching. §5.12 Ambiguity at any Fact-Law Juncture. §5.13 Precedent's Verbiage Unimportant, Unlike the Case of a Statute. §5.14 knowing Content of Common Law Rule. §5.15 Fit Between Case Facts and Elements of Holding. §5.16 Short-Cuts. Direct Fact Comparison. §5.17 Clusters of Precedents. Synthesis. §5.18 Different Foci of Synthesis. §5.19 Reasons Supporting Precedent Cumulate. §5.20 Systemization of Precedents. §5.21 Inferior Status of Common Law Compendiums. §5.22 Why not a Systematic Code? |
