1,260 research outputs found
The Consumer Protection Act (CPA) and conflict of laws: does the CPA provide mandatory minimum protection in an international commercial transaction?
Includes bibliographical references
\u27The Reasonable Zone of Right Answers\u27: Analytical Feedback on Student Writing
This article develops the theory behind and practice of written analytical feedback on student writing for law practice. After Section I, which provides an introduction, Section II discusses the theory. It begins by addressing the function of legal writing classes in teaching students how to produce the kind of accurate and precise analysis that is the necessary foundation for documents useful in law practice. The section then goes on to discuss how this focus on analysis requires legal writing teachers to play a dual role—that of a legal educator as well as reader in law practice—in providing written critique of their students’ draft documents. Section III concludes by providing examples of how this theory should play out in the practice of giving such written comments. This section describes a specific legal problem that is the basis for examples that follow, including student attempts at communicating analysis, teacher feedback on those attempts, and commentary on why the feedback is pedagogically successful
Thinking Like a Lawyer: The Heuristics of Case Synthesis
In a common law system where cases play such an important role in legal problem-solving, lawyers must be able to synthesize ideas from groups of cases to figure out a jurisdiction’s law at a particular point in time; in reality, however, many lawyers aren’t able to do so well enough for sophisticated law practice. Some lawyers understand and use this skill intuitively, but do not consciously think about the steps they actually take. Those in this group often do not sufficiently value case synthesis because it seems so obvious, with the result that they don’t necessarily use this skill to its full potential. Others don’t intuitively understand how to synthesize cases and have never learned a methodology to do so. Lawyers in this situation simply are not able to manipulate case law adequately and consequently fail to produce the necessary depth of analysis to represent clients effectively. This article’s goal is to ensure that lawyers in practice—and teachers in law schools who train future lawyers—have a sufficient understanding of synthesizing cases. To achieve this, the article begins by describing the theory behind this skill as well as a methodology that will generate the subtle nuances of analysis necessary for sophisticated law practice. The article then proceeds to apply this methodology to a group of hypothetical cases that have been designed to demonstrate the complex permutations of actually working with a group of cases to solve a client’s problem
President\u27s Opening Remarks on the Status of Legal Writing
President\u27s Opening Remarks on the Status of Legal Writing. LWI 2000 Conference, Thursday July 20, 2000. Legal Writing: The Journal of the Legal Writing Institute 7 (2001): [vii]-ix
To get the prices right for food: a “Gerschenkron state” versus the market in reforming China, 1979–2006
This article provides an empirical assessment of China’s state price policies and strategies in relation to (1) market-rebuilding for the agricultural sector and (2) food security for China.1 It traces main changes in government grain pricing, urban food subsidies, grain procurement and the administrative control over food circulation from 1979 to 2006 in a bid to transfer a non-market economy to a market one, commonly known as the post-Mao reforms
Domestic savings-driven growth: unveiling internal economic dynamics in China, 1980-2010
It has been commonly believed that economic reforms in the post-Mao Era since 1980 have changed China from autarky to an export-oriented developmental path, accompanied by inward and cheap FDI with advanced foreign technology. This paper challenges this view with quantitative evidence and shows that China’s recent growth has depended heavily on a domestic source of capital coming from newly available household sayings, stemming from (1) state mandatory price control over food as a wage good on the one hand and (2) a fast-growing wage level due to arising labour productivity on the other
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