Black Letter Law

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Lycurgus
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Black Letter Law

Postby Lycurgus » Wed Aug 24, 2011 9:42 pm

Where do you go to get the black letter law? Do the E&E's provide the BLL?

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MrPapagiorgio
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Re: Black Letter Law

Postby MrPapagiorgio » Wed Aug 24, 2011 9:44 pm

Gilbert or Emanuel's commercial outlines

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BruceWayne
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Re: Black Letter Law

Postby BruceWayne » Wed Aug 24, 2011 9:53 pm

Lycurgus wrote:Where do you go to get the black letter law? Do the E&E's provide the BLL?


Yes.

traydeuce
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Re: Black Letter Law

Postby traydeuce » Wed Aug 24, 2011 10:24 pm

BLL does not exist. You read the cases, and insofar as they contain BLL, that's the BLL you've got/need to know. (Except in crim, where, yes, go read Dressler.)

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zeth006
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Re: Black Letter Law

Postby zeth006 » Thu Aug 25, 2011 1:07 am

traydeuce wrote:BLL does not exist. You read the cases, and insofar as they contain BLL, that's the BLL you've got/need to know. (Except in crim, where, yes, go read Dressler.)


And the lectures.

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JusticeHarlan
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Re: Black Letter Law

Postby JusticeHarlan » Thu Aug 25, 2011 7:51 am

Lycurgus wrote:Where do you go to get the black letter law?

Read case
Put "black letter law" in brief
Refine based on lecture
Compile into outline
???
Profit

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reasonable_man
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Re: Black Letter Law

Postby reasonable_man » Thu Aug 25, 2011 7:58 am

traydeuce wrote:BLL does not exist. You read the cases, and insofar as they contain BLL, that's the BLL you've got/need to know. (Except in crim, where, yes, go read Dressler.)



Bit of an overgeneralization; no?

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I.P. Daly
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Re: Black Letter Law

Postby I.P. Daly » Thu Aug 25, 2011 9:59 am

Lycurgus wrote:Where do you go to get the black letter law? Do the E&E's provide the BLL?


The E&E's are a great resource, and they do provide an analysis of black letter law. However, annoyingly, most E&E's do not explicitly list the elements of a particular cause of action. Perhaps the best resource for BLL is a commercial outline. E&E's are better for learning how to do a proper analysis of BLL.

One of the easiest ways to determine whether you're accurately getting the BLL/rules of law from the assigned cases is to cross check your case brief with a commercial brief. This website is a great resource for commercial briefs: http://www.casebriefs.com/blog/category/law/

In some situations, Wikipedia is also a good resource.

traydeuce
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Re: Black Letter Law

Postby traydeuce » Thu Aug 25, 2011 10:39 am

reasonable_man wrote:
traydeuce wrote:BLL does not exist. You read the cases, and insofar as they contain BLL, that's the BLL you've got/need to know. (Except in crim, where, yes, go read Dressler.)



Bit of an overgeneralization; no?


Yeah, it is. But it is true that all you need to know is in the cases/lectures, and that supplements just exist to clarify cases for those who struggle to learn the law that way.

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Heartford
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Re: Black Letter Law

Postby Heartford » Thu Aug 25, 2011 1:48 pm

Learning black letter law is important, but I think it gets a lot more attention than it deserves.
Last edited by Heartford on Mon Aug 29, 2011 5:28 pm, edited 1 time in total.

target
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Re: Black Letter Law

Postby target » Thu Aug 25, 2011 3:44 pm

What are about articles that are between cases? Have you ever have to use a concept drawn from those articles on an exam?

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Heartford
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Re: Black Letter Law

Postby Heartford » Thu Aug 25, 2011 3:49 pm

target wrote:What are about articles that are between cases, or in some case in stead of cases? Have you ever have to use a concept drawn from those articles on an exam?


Yes.

traydeuce
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Re: Black Letter Law

Postby traydeuce » Fri Aug 26, 2011 1:12 am

target wrote:What are about articles that are between cases? Have you ever have to use a concept drawn from those articles on an exam?


I have used them. You never have to use them. If you're good, you can use them to distinguish yourself and get an A. Here's where they can be helpful. A significant minority of exams are of the "what would YOU like the law to be" variety. (And some don't appear to be, but are in disguise, like "is Obamacare constitutional?" Yes, existing doctrine more or less answers that question (btw, answers it in favor of Obama), but it's one of these things that's so up for grabs because the issue is so hot that asking that question is, to a large extent, tantamount to asking whether we ought to invent some new wrinkle to the doctrine so as to invalidate Obamacare.) So, what law professors spend their lives doing is making arguments about what the law should be. And sometimes it's a good move to rely on and build on, without simply regurgitating, some of these arguments in your exam.




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