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Legal Commentary

: Prawfs

A Casual Casebook: The Canon of American Common Law

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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This summer I am planning to put together a casebook that is for leisurely reading, rather than a law-school course. My tentative title is "The Canon of American Common Law." 


It is an idea of mine that started with the thought that it would be exciting to give a special award to the first-year law student with the highest combined grade-point average in the three common law courses: Contracts, Property, and Torts. A good name would be the Holmes Award. But what would be a suitable prize? A perfect token, I thought, would be a book of the classic common-law cases. I think such a book would also be nice to have available for casual students of the law ? people who would like to do some exploring in the law ? but who are not looking for three years of law school.


Below is my very-rough draft table of contents, along with a list of ?on the bubble? cases that are deserving, but that I might leave out to keep the size of the book manageable. I would be very grateful for your comments. Do any of the cases fail to qualify as classics? Am I grievously leaving something out? Am I close to closing in on a canonical list? Or am I way off?


Contracts:
Wood v. Boynton
Webb v. McGowin
Raffles v. Wichelhaus (The Peerless Case)
Hamer v. Sidway
Lucy v. Zehmer
Wood v. Lucy, Lady Duff-Gordon
Hawkins v. McGee
Peevyhouse v. Garland Coal & Mining Co.
Hadley v. Baxendale


Property:
Ghen v. Rich
Pierson v. Post
Brown v. Voss
Hannah v. Peel
Moore v. Regents of the University of California
Vanna White v. Samsung Electronics America, Inc.
State v. Shack
Boomer v. Atlantic Cement Co.


Torts:
Vosburg v. Putney
Garratt v. Dailey
Fisher v. Carrousel Motor Hotel, Inc.
Ploof v. Putnam
Katko v. Briney
Vincent v. Lake Erie Transportation Co. 
Byrne v. Boadle
Palsgraf v. Long Island R.R. Co.
Summers v. Tice
Tarasoff v. Regents of University of California
U.S. v. Carroll Towing Co.
Vaughan v. Menlove
Rylands v. Fletcher
Escola v. Coca-Cola Bottling Co. of Fresno


On the bubble:
Dougherty v. Salt
Taylor v. Caldwell
Brown v. Kendall
I de S et ux. v. W de S
Indiana Harbor Belt. R. Co. v. American Cyanamid Co.
Lumley v. Gye
MacPherson v. Buick Motor Co.
Stone v. Bolton


You?ll notice there are a few English cases in the mix, but they are ones that, I think, are nonetheless, classics of American common law, generally because of their entrenchment in the American 1L curriculum.


Also, you?ll notice I have not included any U.S. Supreme Court cases. That?s another casual-casebook project ? but a worthy one. I plan to take that up separately.

Full post as published by Prawfs on April 23, 2009 (boomark / email).

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