December 17, 2009
Scholarship alert: "De minimis curat lex: secrets to success for 1st year law students"
More of the good stuff. This one is by Professor John H. Scheid of The John Marshall Law School in Chicago and can be found at 37 Cap. U. L. Rev. 631 (2009). From the abstract:
The following suggestions that I propose, after having taught first year law students for over thirty years, are probably most applicable to students in the first two or three semesters, where the professors use casebooks rather than other types of materials, such as problems and hypotheticals. ... Restating in one's own words the arguments and reasoning of the court takes work. ... A reversal of a lower court's judgment, by definition, rests on one or more crucial issues of law, which in turn become the principle or principles of the case. ... In short, the third category of legal ideas is the equivalent of footnotes, concepts that are "nice to know" but which are not central to the course. ... Reviewing class notes six times over the two weeks following a class will likely reinforce comprehension to such a degree that one year later the student will have a deep-rooted understanding--not recall, not mere memory, but fundamental comprehension. ... Similarly, ninety percent of learning takes place before anyone briefs a case or attends a class. ... X had a package under his arm, a package that was wrapped in newspaper. ... There is no transferred negligence as "risk imports relation" between defendant and plaintiff. 1. ... X says: This problem arises only when the facts show a "direct" injury to a plaintiff who was not "reasonably foreseeable."
I am the scholarship dude.
December 17, 2009 | Permalink
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