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1992

Missouri Law Review

O'Brien v. Cunard Steamship Co.

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Full-Text Articles in Law

Ideology Of Legal Reasoning In The Classroom, The, Jay M. Feinman Apr 1992

Ideology Of Legal Reasoning In The Classroom, The, Jay M. Feinman

Missouri Law Review

The other papers in this symposium stress the importance of expanding our inquiry into cases such as O'Brien v. Cunard Steamship Co.' In this essay I discuss how the process of legal reasoning, as it ordinarily is conducted in first-year classes, introduces its own element of ideological distortion. My proposition is that, because of that ideological distortion, the moves suggested by the other symposiasts are important but limited.


Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks Apr 1992

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Missouri Law Review

It is important to say at the outset that this discussion about one case, O'Brien v. Cunard Steamship Co.1, would not have been as rich without access to the pleadings and trial record in the case. Too often we teach law courses as perspectiveless, adopting an analytical approach that consciously acknowledges no specific cultural, political, or class characteristics, but which is decidedly male, white and elitist. Today's law school classroom is more diverse both as to gender, race, and class, than ten or twenty years ago. This more diverse student body enters law school with life experiences and perspectives not …