Law School Discussion

Nine Years of Discussion
;

Author Topic: does your K professor treat the restatements as gospel?  (Read 444 times)

T. Durden

  • Sr. Citizen
  • ****
  • Posts: 472
    • View Profile
does your K professor treat the restatements as gospel?
« on: September 29, 2005, 10:21:25 AM »
i thought that the restatements were at best marginal primary authorities and generally considered to be good secondary authorities ...

my K professor treats them as absolute law. we read cases and come to class only to hear the logic that was applied in the particular cases be completely abandoned in favor of the strict language of the restatement

it's starting to drive me crazy as this practice is more or less the complete polar opposite of what we've learned / seen in other classes

but whatever - is this standard practice for a K professor?

i don't think i'm going to crim today

no way to get cases briefed in time d**mn memo d**mn west law training d**mn 8 million things that i have to do (such as this ever so important task)

J D

  • Sr. Citizen
  • ****
  • Posts: 1388
  • Lust isn't one of the 7 Deadly Sins for nothing...
    • View Profile
Re: does your K professor treat the restatements as gospel?
« Reply #1 on: September 29, 2005, 12:09:26 PM »
Mine doesn't.  In fact he's been quite critical of the Restatement on some points (recently Sec. 21, which takes the objectivist approach that intention to form a contract is not necessary to form one, but then proceeds to outline the fifteen zillion exceptions to that rule which would have to exist for contract law to conform to common sense, e.g. mistake, joke, theater, etc.).
"I never think of the future.  It comes soon enough."--Albert Einstein

tacojohn

  • Sr. Citizen
  • ****
  • Posts: 989
  • "I voted. P. Diddy told us to vote"
    • ICQ Messenger - 176834534
    • MSN Messenger - tacojohniu@msn.com
    • AOL Instant Messenger - TacoJohnIU
    • Yahoo Instant Messenger - tacojohniu@yahoo.com
    • View Profile
    • Fearfully Optimistic
    • Email
Re: does your K professor treat the restatements as gospel?
« Reply #2 on: September 29, 2005, 12:22:38 PM »
Mine points out things he thinks are better explanations of the common law or where he thinks the rule in the restatement is better than the common law rule.

jacy85

  • LSD Obsessed
  • *****
  • Posts: 6859
    • View Profile
Re: does your K professor treat the restatements as gospel?
« Reply #3 on: September 29, 2005, 04:29:27 PM »
My prof takes a similar approach as tacojohn's.  He likes the restatement for some things, and is equally as verbal about his criticisms.