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Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner
Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner
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This paper addresses the importance of comparative legal methods for study of comparative procedure.
Legal Certainty And Legal Methods: A European Alternative To American Legal Indeterminacy?, James Maxeiner
Legal Certainty And Legal Methods: A European Alternative To American Legal Indeterminacy?, James Maxeiner
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Americans are resigned to a high level of legal indeterminacy. This Article shows that Europeans do not accept legal indeterminacy and instead have made legal certainty a general principle of their law. This Article uses the example of the German legal system to show how German legal methods strive to realize this general European principle. It suggests that these methods are opportunities for Americans to develop their own system to reduce legal indeterminacy and to increase legal certainty.
Educating Lawyers Now And Then: Two Carnegie Critiques Of The Common Law And The Case Method, James Maxeiner
Educating Lawyers Now And Then: Two Carnegie Critiques Of The Common Law And The Case Method, James Maxeiner
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The 2007 Carnegie Foundation report on legal education, Educating Lawyers: Preparation for the Profession of Law, is eerily reminiscent of the Foundation's 1914 Report, The Common Law and the Case Method in American University Law School. This article compares the two reports. It commends the 1914 report for its broad comparative civil/common law perspective that is unsurpassed to this day. It shows how the two reports view the case method similarly, but with significantly different emphases. The 2007 report counts the case method as academic, while the 1914 report sees it as practical. It shows how the two reports, while …