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The 13-digit and 10-digit formats both work. Please try again.Please try again.Please try again. Used: GoodThe pages show normal wear and tear.Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. Show details. Ships from and sold by Murfbooks. Register a free business account To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. It also analyzes reviews to verify trustworthiness. Please choose a different delivery location or purchase from another seller.Please choose a different delivery location or purchase from another seller.Please try again. Please try your request again later. Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. Show details. Ships from and sold by Sandy Dunes Surplus. Ships from and sold by Murfbooks. In order to navigate out of this carousel please use your heading shortcut key to navigate to the next or previous heading. Register a free business account To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. It is essential that educators understand the sources and roles of law in order to act appropriately and to avoid difficult and litigious situations. This book provides a bridge between the legal professional and the education professional, offering an introduction to legal analysis. Since the first edition of this book, the law’s role in schools has continued to expand. New problems call for new legal and policy solutions. The second edition focuses on school search cases as illustrations and brings them forward to today’s concerns about searching cell phones, off campus activities, and even sexting.

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Thinking Like a Lawyer uses narrative, actual court cases, study tips, research methodologies, and an extensive glossary illustrated with education law examples to remove the mystique of reading about law. It also allows those who need to know the law, but are not necessarily lawyers, to move comfortably in this realm. The book is useful for individual readers or for classes in education law and administration. February 7, 2018RoutledgeFebruary 14, 2018RoutledgeJanuary 31, 2018RoutledgeWhere the content of the eBook requires a specific layout, or contains maths or other special characters, the eBook will be available in PDF (PBK) format, which cannot be reflowed. For both formats the functionality available will depend on how you access the ebook (via Bookshelf Online in your browser or via the Bookshelf app on your PC or mobile device). But is knowing the law enough to get you the very best marks. And what do your lecturers mean when they say you need to develop critical and analytical skills. When is it right to put your own views forward. What are examiners looking for when they give feedback to say that your work is too descriptive? The book investigates the big questions such as: What is law. How can I use critical thinking to get better grades in assessments. What is the role of critical thinking in the work place. These questions and more are explored in Thinking Critically About Law. Thinking Critically About Legal Perspectives. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law.

When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories. Environmental Protection Agency, laid the groundwork for many of former President Obama’s climate policies. Since my book was published in April 2020, I’ve discovered that my work appeals to three main audiences. First, the general readers who are enthusiastic about history, attend virtual events, and tend to support local historic sites. Second, readers who are curious about our government institutions and the current political climate and are looking for answers about its origins. December 27, 2010RoutledgeJune 13, 2019RoutledgeApril 18, 2018RoutledgeWhere the content of the eBook requires a specific layout, or contains maths or other special characters, the eBook will be available in PDF (PBK) format, which cannot be reflowed. For both formats the functionality available will depend on how you access the ebook (via Bookshelf Online in your browser or via the Bookshelf app on your PC or mobile device). Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking.

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A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school. Kindle eBooks can be read on any device with the free Kindle app.Jan 19 - 22Please try again.Offered by Amazon.ca. Here's how (restrictions apply) But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories. Offered by Amazon.ca. Here's how (restrictions apply) Show details. Ships from and sold by Amazon.ca. In order to navigate out of this carousel, please use your heading shortcut key to navigate to the next or previous heading. Download one of the Free Kindle apps to start reading Kindle books on your smartphone, tablet, and computer. Get your Kindle here, or download a FREE Kindle Reading App. All of the bases are covered, and law students, teachers, practicing lawyers, and judges alike will gain perspective and insight from seeing the entire range of legal reasoning techniques laid out before them.” ? Richard A. Posner, Judge, U.S. Court of Appeals for the Seventh Circuit, author of How Judges Think “ Thinking Like a Lawyer is by far the best available introduction to legal reasoning, of interest to law students and their teachers alike. It should be enlightening to the general reader as well, who will learn what, for better and perhaps for worse, distinguishes 'thinking like a lawyer' from other approaches to analyzing social problems.” ? Sanford V. Levinson, University of Texas Law School, author of Our Undemocratic Constitution: Where the Constitution Goes Wrong “ Thinking Like a Lawyer is well-designed to work for first-year law school classes. Yet Schauer's book also offers the lawyer and scholar useful perspective on what he or she does.” ?

Brian Leiter, Times Literary Supplement “ Thinking Like a Lawyer is excellent reading material for anyone wishing a deeper and more nuanced?even a more magnanimous?understanding of the motivations behind law's often convoluted pronouncements.” ? John Azzolini, Law Library Journal Page 1 of 1 Start over Page 1 of 1 In order to navigate out of this carousel, please use your heading shortcut key to navigate to the next or previous heading. To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. It also analyzes reviews to verify trustworthiness. Please try again later. Yves-Marie Morissette 5.0 out of 5 stars Valeu a dica. Recomendo tambem para todas as pessoas que desejam evoluir e serem melhores profissionais.I recommend.Within this framework is professor Schauer’s careful identification and distillation of complex theoretical issues underlying the Anglo-American judicial system. The reader leaves this book with enhanced legal reasoning and more cogent thinking, allowing you to look straight through all the “dramatic incidents and to discern the true basis of prophecy,” as Justice Holme’s advised. Nonetheless, this book is not something to breeze through lightly before bed or on a lazy afternoon. While it is not a strictly legal text or “law book” with rules and standards listed in a formulaic and mundane fashion, it requires careful attention and thinking. Schauer dives right into the core of some confusing, yet interesting, legal issues and this book requires patience. If the reader chooses to embark on Schauer’s discussion of the numerous theoretical within this text, great rewards wait for them at the end. Some of my personal favorites include a detailed and unique perspective on authority and how that authority should be viewed, as a discussed in this older blog post. Equally valuable was Schauer’s careful parsing of using and citing precedent and using and citing analogy.

He states: “Law’s use of precedent differs substantially form law’s use of analogy, for in the latter a previous decision is selected in order to support an argument now, while in the former a previous decision imposes itself to preclude an otherwise preferred outcome.” Having a clear understanding of this distinction, and many others identified within this book, aids in the legal reasoning process greatly. This “clearing-up” function of nuances is a consistent theme throughout the book. Another interesting discussion, found within the analogy chapter, includes tips on how one is to determine similarity in order to successfully analogize a case—i.e., you must focus on the similarities with legal relevance as opposed to similarities that are relevant for other purposes. Legal relevance might be those facts that help further the underlying policy the rule of law is supposed to further. This type of model gives the practitioner some helpful theory behind the reasoning process so that legal briefing, for example, can be completed in a more methodical fashion. Another useful discussion for the theoretically inclined is the one on the Common Law. Professor Schauer gives a useful history of the Common Law, with its basic precepts and goals. Schauer also separates apart the different types of issues interpreters face when the words of the text are insufficient, such as when the text provides no answer versus when the text provides a bad answer, and how a legal reasoner can go about solving this problem. The remaining chapters continue to provide a well-selected mix of topics that provide practical as well as theoretical value to the lawyer, law student, or practitioner—the difference between Law and Fact (surprise, the distinction is more threadbare than you might think), the difference between Rules and Standards, and the role of the Burden of Proof in American Law.

Schauer is really masterful at identifying subtle nuances in the law, such as the impact of narrow versus broad decisions and how this impacts the development of law in the future decision-making, and the effect a rule has on judicial discretion compared to a standard. His explanations of these nuances seem common sensical and obvious, but they are distinctions that go unconsidered for most in everyday legal practice. Moreover, this book is unequivocally a gold-mine for developing your mental representations, a topic I’ve written about in the past. When you expose yourself to new information, you conjure up a new mental structure that houses that information and similar information. The more you study a topic, the more detailed and comprehensive these mental representations become, thus allowing you to assimilate new information more easily. Exposing yourself to the wonderful survey that professor Schauer provides sets into motion various mental structures that are engrained in everyday legal practice—burdens of proof, citation of authorities, and dealing with facts and law. While many of the discussion in the book are admittedly highly theoretical, the mere exposure will help you have a more dynamic perspective in your practice. This book belongs on your bookshelf of law books and can be referred to when faced with a difficult problem, whereby a new perspective might be helpful. It is also interesting in its own right, providing many interesting controversies and disputes in legal theory—e.g., the correctness of the legal realist movement—and citing a multitude of law review articles on topics you may want to take a further look. But, at bottom, it provides various frameworks and insight into legal concepts that will help you become a master of law, as Holmes put it, as the true prophecy and purpose of the law is revealed in a methodical and interesting fashion.

One of the most cited legal scholars in the country doesn’t fail in this attempt to provide an introduction into the distinct reasoning process lawyers engage in, and I highly recommend it to pre-law students, law students, and lawyers alike. For a comprehensive outline on the book thatI includes more detailed discussions of each chapter of the book, and more practical insight visit my blog: no-nonsenselaw. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results.The collection includes a number of popular study guides as well as books meant to help law students develop skills necessary for the practice of law. Whether you are just beginning law school, or preparing for a job search after graduation, this collection has plenty of resources to help. By continuing to use our website, you are agreeing to our use of cookies. You can change your cookie settings at any time. Find out more Thinking Like a Lawyer: Critical Thinking and Legal Analysis Part 4 Successful assessment Making the most of assignments, assessments and feedback 11. Completing assignments: Core skills for assessment 12. Completing assignments: Assessment specific skills 13. Understanding and using feedback 14. Dissertations and research projects 15. Exams and Revision Part 5 Success outside the classroom Making the most of other opportunities 16. Study abroad 17. Expanding legal skills—mooting, negotiation and more 18. Volunteering, paid work and other extra-curricular opportunities Part 6 Ensuring a successful future 19. Preparing to move on 20. Career pathways 21. A successful future Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice ).

This ability to think critically and undertake broad and deep legal analysis is important to becoming a lawyer, but is also valuable for any other career. This chapter explores the importance of critical thinking to the law degree and beyond, and looks at how the student can bring analysis and criticism into their work.Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. Please subscribe or login to access full text content. If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code. For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice ). It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. Schauer's analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories. Site designed by. Students who are unable to commute to campus may wish to consider one of our online summer programs. We understand the heightened concerns families have surrounding COVID-19.

Please review the notice on the Admissions page for additional information. Experience with debate is useful but not required. The course is structured like a traditional introductory first-year law school class. Once they have a foundation in legal research, reasoning, and writing, they are given an in-depth look at various types of law through interactive sessions with practicing lawyers, via guest speakers and field trips to law firms. They learn about the trial process and the inner workings of the court system by taking a tour of a New York City court and viewing a criminal trial. They learn how to problem solve using the lawyer’s toolbox and how to analyze legal sources and develop legal arguments based on and supported by the law and cases we research. Students work in class on preparing legal memoranda of law on specified topics. After the final draft, they pair up to argue against each other in a formal court oral argument setting. Prior to starting his own firm, Erdos was an attorney for many years in “Big Law” with Fried Frank and Skadden Arps in New York City, where he represented major developers, property owners, institutional clients, and high net worth individuals. Erdos is the chairperson of the New York City Youth Board and treasurer of his local community board in District 15 in Brooklyn. He also acts as pro-bono counsel to many charitable organizations in New York City. Jack has taught in the Columbia Summer Program since 2011. Not all instructors listed for a course teach all sections of that course. In an effort to reverse the trend, this essay explains the core principles of logic and how they apply in the law school classroom. The manuscript begins by examining the basics of the deductive syllogisms and then turns to inductive generalizations and the uses and abuses of analogies.

The authors claim that students who master the basics of logic laid out in this article will be better lawyers and will feel more comfortable when they find themselves presenting arguments to judges and juries.I n an effort to reverse the trend, th is essay explains the cor e pr in ciples of logic and how they apply in the law school classroom. The manuscript begins by exam ining the basics of the deductiv e syllogisms and then turns to inductive gener alizations and the uses and abus es of analogies. The authors claim that students who master the basics of logic l aid out in this arti cle will be better lawyers and will feel more com fortable when they find themselves prese nting arguments to judg es and juries. I NTRODUCTION Logic is the lifeblood of American law. 1 In case after case, prosecutors, defense counsel, civil attorneys and judges call upon the rules of logic to structure their arguments. But see John H. Watson, M.D., A Case of Deduction, Or, Upon the First Meeting of Sherlock Holmes and Oli ver Wendell Holmes, Jr., 24 U. A RK. L ITTLE R OCK L. R EV. 855, n.1 (2002) (arguing that the “overarching th emes of Justice Holmes’s writings” are comparable to the methods of deductio n employed by Sherlock H olmes). It means employing logic to construct arguments. Notwithstanding the emphasis on logical reasoning in the legal profession, our law schools do not give students an orientation in the princip les of logic. The failure to ground legal education in principles of logic does violence to the essence of the law. Leaving students to distill the principles of logic on their own is like asking them to design a rocket without teaching them the rules of physics. Frustration reigns, and the resulting argument seems more mush-like than lawyerly. In these pages we make a small attempt to right the ship by offering a primer on the fundamentals of logical thinking. Our goals are modest.

At the risk of disappointing philosophers and mathematicians, we will not probe the depths of formal logic. 4 Neither will we undertake to develop an abstract theory of legal thinking. This Article, rather, attempts something new: We endeavor to explain, in broad strokes, the core principles of logic and how they apply in the law school classroom. Our modest claim is that a person familiar with the basics of logical thinking is more likely to argue effectively than one who is not. 5 We believe that students who master the logical tenets laid out in the following pages will be better lawyers, and will feel more comfortable when they find themselv es caught in the spotlight of a law professor on a Socratic binge. Sifting through the dense jargon of logi cians, we have identified a handful of ideas that are particularly relevant to the world of legal thinking. First, all prospective lawyers should make themselves intimately familiar with the fundamentals of deductive reasoning. De ductive reasoning, as Aristotle taught long ago, is based on the act of proving a conclusion by means of two other propositions.Inductive generalizations, used correctly, can help students resuscitate causes that seem hopeless. Third, reasoning by analogy —another form of inductive reasoning—is a powe rful tool in a lawyer’s arsenal. Analogies help lawyers and judges solve legal problems not controlled by precedent and help law students deflect the nasty hypotheticals that ar e the darlings of professors. The law’s in sistence on sound, explicit reasoning keeps lawyers and judges from ma king arguments based on untethered, unprincipled, and undisciplined hunches. 6 Traditionally, logicians separate the wider universe of logical reasoning into two general categories: inductive and deductive. As we will see, both branches of logic play important roles in our legal system. We begin with deductive reasoning because it is the driving force behind most judicial opinions.

Define d broadly, deduction is reasoning i n which a conclusion is compelled by known facts. 7 For example, if we know that Earth is bigger than Mars, and that Jupiter is bigger than Earth, then we also know that Jupiter must be bigger than Mars. Or, imagine that you know your dog becomes deathly ill every time he eats chocolate. Using deduction we know that if Spike wolfs down a Snickers bar, a trip to the vet will be necessary. From these examples, we ca n get an idea of the basic structure of deductive arguments: If A and B are true, then C also must be true. The specific form of deductive reasoning that you will find lurk ing below the surface of most judicial opinions and briefs is the syllogism—a label logicians attach to any argument in which a conclusion is inferred from two premises. For exam ple: 6. See J OHN D EWEY, H OW W E T HINK 17 (1933).According to the traditional jargon, the syllogism’s three parts are called the major premise, the minor premise, and the conclusion. The m ajor premise states a broad and generally applicable truth. In this example, “All men are mortal.” The minor premise states a specific and usually more narrowly applicable fact: “Socrates is a man. ” The conclusion then draws upon these premises and offers a new insight th at is known to be true based on the premises: “Socrates is a mortal.” Gottfried Leibniz expressed the signifi cance of the syllogism three hundred years ago, calling its invention “one of the most beautiful, and also one of the most important, ma de by the human mind.” 8 For all its power, the basic principle of the syllogism is surprisingly straightforward: What is true of the universal is true of the particular. 9 If we know that all cars have wheels and that a Toyota is a car, then a Toyota must have wheels.

The axiom may be stated this way: If we know every member of a class has a certain characteristic, and that certain individuals are member s of that class, then those individuals must have that characteristic. 10 It is no exaggeration to say that the syllogism lies at the heart of legal writing. 11 Consider these examples taken from watershed Supreme Court opinions: Marbury v. Madison 12 The Judicial Department’s province and duty is to say what the law is. The Supreme Court is the Judicial Department. 8. N EW E SSAYS C ONCERNING H UMAN U NDERSTANDING 559 (1916). 9. J OSEPH G ERARD B RENNAN, A H ANDBOOK OF L OGIC 64 (1957). 10. To be sure, there are other forms of deductiv e syllogism, but we have deliberately confined our discussion to the “All men are mortal” type: the categorical deductive syllogism. Thus, there is no mention of the Hypothetical Syllogism that includes an if-then stat ement, or the Disjunctive Syllogism, in which one pr emise takes the form of a disjunct ive proposition (either-or), and the oth er premise and conclu sion are cat egorical propositions that either deny or affirm part of the disjunctive proposition.Therefore the President does not have the power to issue the order. Brown v. Board of Education 14 Unequal educational facilities are not permitted under the Constitution. A separate educational facility fo r black children is inherently unequal. Therefore a separate educational facility for black children is not permitted under the Constitution. Griswold v. Connecticut 15 A law is unconstitutional if it impacts the zone of privacy created by Bill of Rights. The law banning contraceptives impacts the zone of privacy created by the Bill of Rights. Therefore the law banning cont raceptives is unconstitutional. We urge all law students to get in the habit of t hinking in syllogisms.

When briefing a case as you prepare a class assignment, the skeleton of the deductive syllogism should always poke through in your description of the case’s rationale. Young attorneys should probably tattoo this on the back of their hands—or at least post it above their keyboards: Whenever possible, make the arguments in your briefs and mem os in the form of syllogisms. A clear, well- constructed syllogism ensures each conclusion is well-supported with 13. 343 U.S. 579 (1952). 14. 349 U.S. 294 (1955). 15. 381 U.S. 479 (1965). Luckily for the rest of us, the skill can be learned through patience and practice. We start with the basics. To shape a legal issue in the form of a syllogism, begin by stating the general rule of law or widely-known legal rule that governs your case as your major premise. Then, in your next statement, the minor premise, describe the key facts of the legal problem at hand. Finally, draw your conclusion by examining how the m ajor premise about the law applies to the minor premise about the facts. Like this: Major Premise: The Eighth Amendment prohibits cruel and unusual punishment by a state. Minor Premise: Executing a minor is cruel and unusual punishment by a state. Conclusion: Executing a minor is forbidden by the Eighth Amendment. 17 Although this might look sim ple, cons tructing logically sound syllogisms requires a lot of grunt work. You must thoroughly research the law’s nooks and crannies before you can confidently state your major premise. And yo u must become sufficiently knowledgeable about y our case to reduce key facts to a brief yet accurate synopsis. See William Huhn, The Stages of Legal Reasoning: Formalism, Analogy, and Realism, 48 V ILL. L. R EV. 305, 310 (2003). Justice Sc alia argues that a formalist approach to lega l reasoning ensures predic tability and fairn ess. Antonin Scalia, The Rule of Law as the Law of Rules, 56 U. C HI. L. R EV. 1175, 1182 (1989). 17. See Roper v. Simmons, 543 U. S. 551 (2005).