Black Letter Law
Posted: 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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Yes.Lycurgus wrote:Where do you go to get the black letter law? Do the E&E's provide the BLL?
And the lectures.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.)
Read caseLycurgus wrote:Where do you go to get the black letter law?
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.)
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.Lycurgus wrote:Where do you go to get the black letter law? Do the E&E's provide the BLL?
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.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?
Yes.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?
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.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?