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American Law: A Comparative Primer


ISBN13: 9781839101465
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback
Price: £20.95



This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world.

Key features include:

  • A thorough introduction to the main elements of U.S. law for international students
  • A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases
  • Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences

Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.

Subjects:
Other Jurisdictions , USA
Contents:
Preface
1. Introduction: Common Law Versus Civil Law
A. American Case Method
2. American Law Is Largely Judge-Made Law
3. American Litigation Relies On Juries
4. American Law Is State Law
5. How To Read An Opinion Of An American Court
6. Langdell And The Socratic Method At American Law Schools
7. How To Prepare For Classes And Exams At American Law Schools
B. Understanding American Legal Culture
8. The Theory Of Glaeser And Shleifer
9. Universalism Versus Particularism
10. Bottom-Up Versus Top-Down Legal Systems
11. Procedural Formalism
12. German Law
13. Religion, Ethics, And Law
14. Legal Realism Versus Scholastic Thinking
15. Parental Legal Systems
16. Project-Based Corporate Culture
17. Levmore's Uniformity Thesis
18. Old Law Is Cheap Law
19. What Jurisprudence Books Do American And European Law Professors Prefer To Read?
C. Substantive Legal Differences
20. Constitutional Law
21. Criminal Law And Criminal Procedure
22. Civil Procedure
23. Evidence
24. Administrative Law Is Much Thinner In The U.S.
25. Contract Law
26. Property Law And Inheritance Law
27. Intellectual Property Law
28. Tort Law And Environmental Regulation
29. Corporate Law
30. Bankruptcy Law
31. Labor And Employment Law
32. Antitrust Law
D. Conclusion
33. Is American Law The Best Law?
34. Literature
Index