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15 J. Legal Stud. Educ. 1 (1997)

handle is hein.journals/jlse15 and id is 1 raw text is: 

























JURISPRUDENTIAL THEORIES IN COUNTERPOINT:
COMMERCIAL IMPRACTICABILITY THROUGH A
LEGAL KALEIDOSCOPE


    by Deborah Ballam, Caryn Beck-Dudley, Frank Cross, Daniel T. Ostas,
                            Ramona Paetzold, and Kenneth Schneyer

INTRODUCTION
                                              by Deborah Ballam

   One  of the most  useful techniques for helping our students
understand that the study of law is far more than memorizing Black
letter law is to develop their understanding of the various schools of
jurisprudence. However, discussions of the relative merits of various
contemporary legal theories frequently take place on the plane of the
abstract: either they are entirely removed from any practical legal
decisions, or they respond to hypothetical lawsuits specifically tailored
to bring out the contrasts between the theories. The student of such
debates may wonder whether, and how, these different legal theories
would actually differ from each other in grappling with a specific legal
doctrine and an actual lawsuit. As a thought experiment, we decided to
turn the lenses of different jurisprudential theories on a single doctrine
and  an actual case: the well-known contract reformation decision of
Aluminum   Co. ofAmerica v. Essex Group, Inc. (hereinafter Alcoa).'


* Professor, Fisher College of Business, The Ohio State University.
1 499 F. Supp. 53 (W.D. Pa. 1980).

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