Readings in philosophy of law Book

1	The adversary system and the practice of law	1
	Lawyers' ethics in an adversary system	2
	An alternative to the adversary system	10
	Building power and breaking images : critical legal theory and the practice of law	12
	The lost lawyer	17
2	The rule of law	24
	Magnitude and importance of legal science	24
	Eight ways to fail to make law	27
	Grudge informers and the rule of law	32
	The problem of the grudge informer	33
	The rule of law and its virtues	38
3	The moral force of law	45
	Crito	45
	The justification of civil disobedience	50
	On not prosecuting civil disobedience	57
4	Statutes	65
	On interpretation : the adultery clause of the Ten Commandments	65
	Interpreting the Small Bird Act	68
	Regina v. Ojibway
	A case study in interpretation : the Mann Act	69
	Cases interpreting the Mann Act	74
	Caminetti v. United States; Mortensen v. United States; and Cleveland v. United States
	Interpretation	80
	Who is a drunk driver?	84
	Kentucky v. Whitt
	What is a vegetable?	85
	Nix v. Hedden
	Can a murderer inherit?	86
	Riggs v. Palmer
5	Precedents	91
	Reasoning by analogy	91
	Stare decisis : the uses of precedent	93
	Rape, consent, and "mens rea"	102
	Regina v. Morgan
	Precedent and legitimacy	105
	Planned Parenthood v. Casey
6	Classical perspectives	111
	Traditional natural law theory	112
	Summa theologica	116
	Blackstone's commentaries	121
	The province of jurisprudence determined	126
7	Formalism and legal realism	132
	The system of law	132
	The path of the law	135
	Realism and the law	139
8	Morality and the law	147
	Positivism and the separation of law and morals	147
	Law as the union of primary and secondary rules	155
	The model of rules	161
	Natural law revisited	170
	The dependence of morality on law	176
9	International law	182
	International law	182
	The African slave trade	187
	United States v. La Jeune Eugenie; The antelope; and The Amistad
	International law and individual responsibility	192
	The International Military Tribunal at Nuremberg
10	Theories about law	198
	The economic approach to law	198
	Law and economics : an analysis and critique	209
	Critical legal studies	213
	Jurisprudence and gender	220
	Critical legal studies and Dworkin	231
	Skepticism, objectivity, and democracy	238
11	The justification of punishment	245
	Who should be punished?	245
	The case of the dog Provetie
	The utilitarian theory of criminal punishment	246
	Persons and punishment	252
	The moral education theory of punishment	259
	Restitution : a new paradigm of criminal justice	263
12	The rights of defendants	269
	Criminal justice and the negotiated plea	269
	Convicting the innocent	276
	The Dirty Harry problem	284
	A debate on the exclusionary rule	292
	Interrogation and the right to counsel	302
	Miranda v. Arizona; Brewer v. Williams; and Rhode Island v. Innis
	Entrapment	317
	United States v. Tobias
13	Sentencing	324
	Capital punishment	324
	Gregg v. Georgia
	Electric shock : the fairest punishment of all	331
	"Three strikes"	335
	Rummel v. Estelle
	Racial bias in sentencing	339
	McClesky v. Kemp
14	Criminal responsibility	342
	Survival on a lifeboat	342
	The Queen v. Dudley and Stephens
	The principles of criminal law	347
	Intention	352
	Attempting the impossible : the crime that never was	358
	The battered woman syndrome	365
	State v. Leidholm
	Rape, force, and consent	368
	Is the insanity test insane?	375
	What is so special about mental illness?	383
	The "rotten social background" excuse	390
	United States v. Alexander and Murdock
	Executing mentally retarded murderers	395
	Atkins v. Virginia
15	Compensating for private harms : the law of torts	403
	The efficiency of the common law	404
	Negligence	408
	Economic efficiency and the "hand formula"	414
	United States v. Carroll Towing Company
	Foreseeable risk	415
	Stone v. Bolton
	Tort liability and corrective justice	418
	Negligence and due care	425
	Palsgraf v. Long Island Railroad Co
	Loss, agency, and responsibility for outcomes	432
	Liability without causation?	436
	Summers v. Tice
	Legal causation and the desert traveler	439
	A duty to rescue?	450
	Yania v. Bigan; Farwell v. Keaton; and McFall v. Shimp
	Wrongful life and wrongful birth	454
	Berman v. Allan
16	Private ownership : the law of property	461
	Property	461
	Property and sovereignty	466
	Intellectual property	472
	Property acquisition	478
	Haslem v. Lockwood
	Regulation of private property	482
	Pennsylvania Coal Co. v. Mahon
	Taking without compensation	485
	Penn Central Transportation Co. v. New York City
17	Private agreements : the law of contract	490
	The basis of contract	490
	Contract as promise	497
	Unconscionable contracts	505
	Williams v. Walker-Thomas Furniture Co
	Surrogate mother contracts	507
	In the matter of Baby M
	Employment contracts	515
	Lochner v. New York; Muller v. Oregon; Coppage v. Kansas; and West Coast Hotel Co. v. Parrish
18	Constitutionalism and democracy	523
	The Federalist Papers	524
	The political meaning of constitutionalism : British, French, and American perspectives	530
	The notion of a living constitution	545
	Constitutional cases	546
	Democracy, judicial review, and the special competency of judges	555
19	Freedom of religion, privacy, and speech	565
	A letter concerning toleration	565
	School prayer	569
	Religious freedom and public education	573
	Wisconsin v. Yoder
	Secular humanism and religious establishment	576
	Smith v. Board of Education of Mobile
	On liberty	579
	The right to privacy	585
	Griswold v. Connecticut
	Homosexuality and the right to privacy	589
	Lawrence v. Texas
	Gay marriage	596
	Goodridge v. Massachusetts Department of Public Health
	Judicial activism and gay marriage : a debate	605
	Of the liberty of thought and discussion	608
	Flag burning	612
	Texas v. Johnson
	Nazi marches	615
	Village of Skokie v. National Socialist Party
	Obscenity	619
	Paris Adult Theatre v. Slaton
	Pornography and women	621
	American Booksellers v. Hudnut
	Campus speech codes	624
	Doe v. University of Michigan
20	Equality	629
	Wartime internment of Japanese Americans	629
	Korematsu v. United States
	Racial equality and affirmative action	634
	Affirmative action in universities	641
	Grutter v. Bollinger
	Gender discrimination	646
	Michael M. v. Sonoma County Superior Court
	Speech creating a "hostile environment"	648
	Harris v. Forklift Systems
App	The Bill of Rights and the Fourteenth Amendment	651