Law in Contemporary Society

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LawSchoolasTrainingforHierarchy 20 - 19 Apr 2012 - Main.SkylarPolansky
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META TOPICPARENT name="Main.RohanGrey"
I found this account of the law school experience by Professor Duncan Kennedy of Harvard Law to be relevant to our discussions in class, thought I’d share.
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 I think this is a great idea as well and would love to be involved. I do think, however, that the Wiki would be a great place to share it, at least for the rest of the semester. I find that e-mail lists end up being very cloistered and exclusive. I think the really nice thing about the Wiki is that anyone can glean ideas/thoughts/etc. in an open space without any restrictions, and I would be surprised if Eben would be mind if we used this space to expand the number of opportunities we have to get involved. -- JaredMiller - 02 Apr 2012 \ No newline at end of file
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>		Below is Professor Moglen's ideal 1L schedule, to add to the list we started composing. I tried to transcribe what Professor Moglen said in class yesterday as best I could but I know I didn't get it word for word, so if somebody can show me where to find the class recordings or took better notes than I did, please correct what I have:

The overall structure of 1L year would be "Principles of liability in the common law."

1. Contract Liability

  • Contracts is about how to allocate risk with respect to things we expect. It is about protecting our expectations.
2. Tort Liability
  • Torts is about how to deal with planning for the things we don't expect. It is about what to do about the public planning for things people don't expect to happen - rat poison exploding, etc.
3. Property Liability
  • Property is interesting as a domain of civil law liability because property mixes contracts and torts and therefore should be taught in the second semester or should be dealt with as a way of checking the understanding of the first two. It is the combination of "one day my son this will be yours" and "you can't build a tannery next to a schoolyard"

Professors should teach all of this at once and later have a series of courses about more specific doctrinal areas - commercial transactions, mass torts, etc. The central spine of the thing could be articulated best by separating it from the other parts.

-- SkylarPolansky - 18 Apr 2012

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Revision 20r20 - 19 Apr 2012 - 02:09:46 - SkylarPolansky
Revision 19r19 - 02 Apr 2012 - 23:05:38 - JaredMiller
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