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Since 1958 state courts of last resort in the United States have handed down a notably larger number of overruling decisions than ever before. This distinctive record raises many questions about how and by whom law reform should be effected. Mr. Keeton examines this issue in relation to private law the branch of law concerned with the rights and duties of private individuals toward each other, enforceable through civil proceedings. In the first part of this book, the author reviews methods of law reform. He focuses on the role of the courts and legislatures as agencies of abrupt change; the remarkable rate at which the role of the courts has grown; and the means by which courts may discharge their increased responsibility for changing private law to meet contemporary needs. He strongly urges a more active and imaginative participation in law reform by both courts and legislatures, and proposes concrete methods for achieving it. In the second part of this book, Mr. Keeton concentrates on reform in two important areas of private law: harms caused by defective products and by traffic accidents. He considers the developing rules for strict liability, and discusses the issues of principle underlying the basic protection plan for traffic victims--a proposal, of which he is co-author, which is under consideration in a number of state legislatures. The closing chapter treats problems stemming from the necessity of blending the old with the new when private law reform is undertaken. This discussion stresses one of the book's recurring themes: the need to balance stability and predictability of law with flexibility and reform. The author disposes of some misconceptions about the role of public policy in a workable legal system-misconceptions that sometimes affect the attitudes and thinking not only of professionals in the field of law, but also of those who see the system from the outside. This book contains controversial ideas that will be of interest to all who are concerned with law reform, whether professionally or as informed citizens.

Judicial process -- United States. --- Law reform -- United States. --- Torts -- United States.

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“Revolution, not reform, is required to release the power of teaching …. Virtually, all teachers possess tremendous power which can be released, given the proper exposure. We can’t get to that point by tinkering with a broken system. We must change our intellectual structures, definitions and assumptions; then we can release teacher power.” (Hilliard, 1997) This book was written during a time of growing upheaval and disagreement about how America should educate its students, particularly those who are poor, diverse, and failing school. Dominant educational research, newspapers, and popular movies such as “Waiting for Superman” continually fuel public debates about whether our 21st century schools provide justice for all, decrease the achievement gap, and leave no child behind. However, even though one of teachers’ greatest concerns and why many leave the profession, classroom discipline is rarely brought to the forefront of discussion. As a result, public discourse does not get into what actually happens during disciplinary moments that ultimately leads to the disproportional tracking of particular students into exclusionary school disciplinary consequences, which funnels an underclass of students into the school-to-prison pipeline. This book is a scholarly study, presented here as a readable story, and practical guide for walking teachers, administrators, and teacher education programs through the process of transforming traditional ways of thinking about classroom discipline and teaching in order to create student-centered, creative, non-punitive classrooms that authentically engage the most alienated and oppressed students in our schools and society.

Juvenile delinquents -- Legal status, laws, etc. -- United States. --- Law reform -- United States. --- Right to education -- United States. --- School discipline -- Law and legislation -- United States. --- Education --- Law - U.S. --- Law, Politics & Government --- Social Sciences --- Law - U.S. - General --- Education - General --- School discipline --- Juvenile delinquents --- Right to education --- Law reform --- Law and legislation --- Legal status, laws, etc. --- Right to learn --- Delinquents --- Delinquents, Juvenile --- Juvenile offenders --- Offenders, Juvenile --- Offenders, Youthful --- Young offenders --- Youthful offenders --- Education. --- Education, general. --- Children --- Education, Primitive --- Education of children --- Human resource development --- Instruction --- Pedagogy --- Schooling --- Students --- Youth --- Civilization --- Learning and scholarship --- Mental discipline --- Schools --- Teaching --- Training --- Criminals --- Civil rights --- Education, Compulsory --- Education and state --- Educational equalization --- Educational law and legislation --- Problem youth --- School discipline. --- Student discipline --- Discipline --- School management and organization --- At-risk youth (Social sciences) --- Maladjusted youth --- Troubled youth --- Youth at risk (Social sciences)