Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Author: James R. Maxeiner

Publisher: Cambridge University Press

Published: 2018-03-08

Total Pages: 368

ISBN-13: 1108195830

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In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.


History of the Yale Law School

History of the Yale Law School

Author: Anthony T. Kronman

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 269

ISBN-13: 0300128762

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The entity that became the Yale Law School started life early in the nineteenth century as a proprietary school, operated as a sideline by a couple of New Haven lawyers. The New Haven school affiliated with Yale in the 1820s, but it remained so frail that in 1845 and again in 1869 the University seriously considered closing it down. From these humble origins, the Yale Law School went on to become the most influential of American law schools. In the later nineteenth century the School instigated the multidisciplinary approach to law that has subsequently won nearly universal acceptance. In the 1930s the Yale Law School became the center of the jurisprudential movement known as legal realism, which has ever since shaped American law. In the second half of the twentieth century Yale brought the study of constitutional and international law to prominence, overcoming the emphasis on private law that had dominated American law schools. By the end of the twentieth century, Yale was widely acknowledged as the nation’s leading law school. The essays in this collection trace these notable developments. They originated as a lecture series convened to commemorate the tercentenary of Yale University. A distinguished group of scholars assembled to explore the history of the School from the earliest days down to modern times. This volume preserves the highly readable format of the original lectures, supported with full scholarly citations. Contributors to this volume are Robert W. Gordon, Laura Kalman, John H. Langbein, Gaddis Smith, and Robert Stevens, with an introduction by Anthony T. Kronman.