Preface

AuthorEric E. Johnson
Pages14-19
14
Preface
(For both volumes)
What Makes this Casebook Different
This book is different from other casebooks in at least three key
ways.
First, this book departs from the traditional style of most casebooks.
Rather than just presenting a series of readings, notes, and questions,
this book makes a deliberate and systematic effort to explain
the law. It’s an implementation of an approach I argued for in an
article, A Populist Manifesto for Learning the Law, 60 JOURNAL OF LEGAL
EDUCATION 41 (2010). In keeping with that approach, this book
aims to be easy to read and to make it easy for students to learn
difficult concepts.
There’s something to be said for challenging students to figure out
things for themselves. But, in my view, traditional casebooks err too
much on the side of providing students with opportunities to get
befuddled. This casebook strives for a balance. There are many
formidable primary sources in these pages, but they are presented
within a treatise-like narrative that will, I hope, help students get
more of a return from their investment in reading.
Key to the explanatory mission of this book is an emphasis on
context. I want students to understand why they are learning what
they are learning, and where it fits into the bigger picture of tort law
and the legal system as a whole. You will find evidence of that
commitment in the first sentence of the first chapter, and it carries
through to the end. This book also aims for real-world context,
putting doctrine in the context of litigation strategy and trial tactics.
Second, this casebook is free. It is free in both senses of the word.
In one sense, it is free in that it does not cost the reader any money.
That is, the price is zero. You can get an electronic copy for free, or
you can buy a printed copy for whatever the paper and ink costs. You
can also print it out yourself.

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