The
Case Method.
What do law school students do every day? The answer is read cases.
Lots of cases! The "case study" method of learning law was
invented right here at Harvard in the mid-1800s by Dean Langdell of
the Harvard Law School (thus Langdell Library). It caught on quickly,
and soon law students around the country were cursing Langdell's name.
Despite what you might have heard, though, the goal of the case method
(for most professors) is not to make you memorize the cases, but rather
to use the cases -- real examples of "the law in action" --
to teach you how to analyze legal problems.
The cases below
all appear in real 1L casebooks, so they should give you a good taste
of what first-year law students actually study. Although most casebooks
will edit the cases to focus on a single legal issue, the cases appear
here unabridged, with accompanying "headnotes" from Westlaw.
We have deliberately
NOT selected the "sexy" cases that everyone likes to read
-- most cases aren't like that, so you won't get a taste of law school
by looking at them. Rather, we have chosen cases that we feel are fairly
representative of the everyday work in first-year law school classes.
In fact, if you do decide to go to law school, you'll probably be required
to read one or two of them in your first year (in fact, you're absolutely
guaranteed to read International Shoe, which is one of the most
imporant cases in all of civil procedure).
CONTRACT
LAW
United
States v. Algernon Blair, Inc., 479 F.2d 638 (4th Cir.
1973).
A legal battle between contractors requires the court to decide when
and how a contracting party may sue "in quantum meruit"
to recover restitution damages for work already done.
CRIMINAL
LAW
Commonwealth
v. Welansky, 316 Mass. 383 (1944).
A fire at a nightclub gives the Massachusetts Supreme Judicial Court
an opportunity to clarify the difference between civil negligence
and criminal wanton-and-reckless conduct.
Payton
v. New York, 445 U.S. 573 (1980).
The Supreme Court defines the scope of the Fourth Amendment in the
context of warrantless entry by police into the home of a felony suspect.
CIVIL
PROCEDURE
International
Shoe Co. v. Washington, 326 U.S. 310 (1945).
One of the most important cases on the doctrine of personal jurisdiction
-- the ability of courts to subject litigants to their authority and
impose binding judgments that other courts must respect.
TORTS
Palsgraf
v. Long Island R.R. Co., 248 N.Y. 339 (1928).
A famous case on the theory of negligence, as much for the dissent
as for Judge Cardozo's majority opinion.
PROPERTY
Lucas
v. South Carolina Coastal Council, 505 U.S. 1003 (1992).
Yet another effort by the Supreme Court to clarify the law of regulatory
takings of property.