Author : M. Stuart Madden
Publisher : Cambridge University Press
Page : 508 pages
File Size : 22,98 MB
Release : 2005-09-26
Category : Law
ISBN : 9780521851367
This is a collection of scholarship from the most influential contributors regarding Torts law.
Author : Richard A. Epstein
Publisher : Aspen Publishing
Page : 1214 pages
File Size : 12,52 MB
Release : 2024-02-01
Category : Law
ISBN :
Concise yet comprehensive Cases and Materials on Torts gives 1Ls a solid foundation in the historical evolution of doctrine and social and economic theory to apply to contemporary issues facing courts. Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversy in fast-moving areas like public nuisance, global warming, products liability, and new litigation against internet providers. Towards our dual ends, the Thirteenth Edition retains the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. This book also provides a rich exploration of the dominant corrective justice and deterrence (or prevention of harm) approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Thirteenth Edition: ● Developments at the cutting edge of public nuisance law, including the opioids crisis, global warming, and the sale of guns. ● Expanded consideration of the duties of online platforms, as illustrated by vicarious liability against Uber; products liability against Snapchat for defective algorithmic design and against Amazon for sale of defective goods; and novel claims of affirmative duties to rescue on Facebook and rideshare companies. ● Developments in drug litigation, including duties to report adverse events to regulators post-approval and “innovator liability” on brand-name manufacturers for failure to warn by generic manufacturers. ● Recent transformations in setting of compensatory damage awards, with the addition of draft materials of the Restatement (Third) of Torts: Remedies, including matters relating to race and gender. ● A more streamlined casebook appropriate for a comprehensive 1L Torts course. Professors and students will benefit from: ● Clear organizational framework of the book ● Important historical lines of cases that help understand legal reasoning and the evolution of precedent ● Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law ● Extensive notes with topic headlines that elaborate basic concepts through relevant cases, both old and new, that help shape the most complex contemporary issues facing courts ● Great attention given to cutting edge tort developments
Author : Keith N. Hylton
Publisher : Cambridge University Press
Page : 465 pages
File Size : 37,10 MB
Release : 2016-06-06
Category : Law
ISBN : 1316598497
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
Author : James A. Henderson
Publisher : Aspen Publishing
Page : 1540 pages
File Size : 12,57 MB
Release : 2022-01-31
Category : Law
ISBN : 1543838960
Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Process has for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts. The Torts Process uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory New to the Tenth Edition: Overhaul of section on economic loss rule, including new lead case, Southern California Gas Leak Cases, and references to Third Restatement (Torts): Liability for Economic Harm. A new section in Chapter 8 on Damages in Context, which includes the case B. B. v. County of Los Angeles, which exposes a divide among the justices regarding the degree to which tort law should be situated within a larger legal and social context, one that includes the urgent and troubling intersection of race, policing, and violence in America. A new section in Chapter 4 on Statutory Immunities, which provides information on statutes that provide immunity from tort liability to particular industries or activities. New discussion of sexual harassment claims under intentional infliction of emotional distress and federal antidiscrimination statutes. Significant revamping of Chapter 5’s treatment of public nuisance doctrine in light of increasingly prominent use in contexts such as the opioid epidemic and climate change. Three new lead cases in Chapter 7 reflecting developments in the law of products liability, as well as a new section exploring caselaw on Amazon.com’s treatment as a product seller. Additional new lead cases throughout the Tenth Edition offer compelling teaching opportunities on a variety of topics, including: Bassett v. Lamantia (public-duty doctrine) Warren v. Dinter (medical malpractice) Gomez v. Crookham Co. (worker’s compensation benefits and wrongful death) Rich v. Fox News Network, LLC (emotional distress) Gilmore v. Jones (defamation) Lunsford v. Sterilite of Ohio, L.L.C. (invasion of privacy) Professors and students will benefit from: Problem-and-cases pedagogical approach challenges students’ understanding through theoretical and real-life situations. Clear, balanced presentation enables students to understand the overarching structure, organization, and impact of tort law. Lively mix of problems, cases, excerpts, notes and questions. Comprehensive, process-oriented approach appropriate for basic, advanced, or year-long law school torts courses. Compelling presentation from multiple scholarly and interdisciplinary perspectives. Sensitive treatment of tort law’s implications for race, sex, and gender equity.
Author : H. Beau Baez III
Publisher : Kluwer Law International
Page : 192 pages
File Size : 11,50 MB
Release : 2020-12-20
Category :
ISBN : 9789403527536
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the United States. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person's most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the United States. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author : Carol Harlow
Publisher : Sweet & Maxwell
Page : 212 pages
File Size : 19,87 MB
Release : 2005
Category : Law
ISBN : 9780421878402
This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.
Author : Don DeWees
Publisher : Oxford University Press
Page : 465 pages
File Size : 30,54 MB
Release : 1996-01-04
Category : Law
ISBN : 0195358554
In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.
Author : John C.P. Goldberg
Publisher : Aspen Publishing
Page : 1729 pages
File Size : 35,48 MB
Release : 2021-02-18
Category : Law
ISBN : 1543821081
Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes— portability, meaningful feedback, and greater efficiency. Tort Law: Responsibilities and Redress presents tort law as a complex but coherent subject. The authors have arranged the materials to be both highly sophisticated and extremely user friendly. This book has been adopted at schools across the country and always receives high praise from faculty and students for its relevant, contemporary cases, extensive and informative notes, and its 500+ page, cradle-to-grave Teacher’s Manual. The Fifth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of new developments in civil rights law (pertaining especially to excessive force claims against police), as well as public nuisance, toxic torts, and new draft provisions of the Third Restatement of Torts: Intentional Torts to Persons. The book also contains “Check Your Understanding,” “Big Think,” and “Did You Know?” text boxes designed to enable students to engage in self-assessment, along with a user-friendly page layout. A comprehensive set of high-quality PowerPoint slides covering all principal cases is also available to adopters. New to the Fifth Edition: Additional “Check Your Understanding,” “Big Think” and “Did you Know?” text boxes enable students to engage in self-assessment as they proceed through their Torts class New materials on civil rights litigation, public nuisance, toxic torts and the Intentional Torts provisions of the Third Restatement. User-friendly page layout features helpful photographs, illustrations, and original charts Professors and student will benefit from: Text and notes that are fully up to date on the latest developments in tort law, including new Restatement provisions and the latest decisions from state, federal, and foreign courts. More than 15 years of overwhelmingly positive student and instructor feedback from law schools across the U.S. which demonstrate that Tort Law: Responsibilities and Redress is the most user-friendly Torts casebook on the market. The book is completely contemporary. Classic tort cases are included but, emphasis is placed on modern cases and modern issues that demonstrate tort law’s continued importance and relevance. Teaching materials Include: Teacher’s Manual, including Sample Syllabi The 500+ page Teacher’s Manual has no rival among Torts casebooks. Comprehensive Deck of PowerPoint Slides 200+ PowerPoint slides available to adopters can be adapted for use in class, or to help instructors organize their class discussions. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
Author : William M. Landes
Publisher : Harvard University Press
Page : 356 pages
File Size : 24,11 MB
Release : 1987
Category : Business & Economics
ISBN : 9780674230514
Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
Author : Patrick O'Callaghan
Publisher : Springer Science & Business Media
Page : 184 pages
File Size : 31,66 MB
Release : 2012-09-14
Category : Law
ISBN : 3642318843
This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.
