Torts Stories

Author: Robert L. Rabin,Stephen D. Sugarman

Publisher: N.A

ISBN: 9781587785030

Category: Law

Page: 290

View: 6565

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Ideally suited as a supplement in a first-year torts course or as a text for an advanced seminar, Torts Stories provides an enriched understanding of ten leading torts cases, focusing on how the litigation was shaped by lawyers, judges and socioeconomic factors, and why the cases have attained landmark status. The publication provides students with an understanding of ten leading torts cases: United States v. Carroll Towing Co., the Hand Formula's Home Port; MacPherson v. Buick Motor Co., Simplifying the Facts while Reshaping the Law; Rowland v. Christian, Hallmark of an Expansionary Era; Tarasoff v. Regents of the University of California, The Therapist s Dilemma; The Wagon Mound Cases, Foreseeability, Causation, and Mrs. Palsgraf; Hymowitz v. Eli Lilly and Co., Markets of Mothers; Murphy v. Steeplechase Amusement Co., While the Timorous Stay at Home, the Adventurous Ride the Flopper; Rylands v. Fletcher, Tort Law's Conscience; Esc

Tort Law: Cases, Perspectives, and Problems

Author: Thomas C. Galligan Jr.,Phoebe A. Haddon,Frank L. Maraist,Frank M. McClellan,Michael Rustad,Nicolas P. Terry,Stephanie M. Wildman

Publisher: LexisNexis

ISBN: 0327179163

Category: Law

Page: 1078

View: 486

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The Fourth Edition of this unique casebook has been dramatically revised. This new edition presents the important cases, statutes, empirical data, and competing tort theories in a problems-oriented format that is designed to help students acquire a sophisticated understanding of tort law through active learning. As before, the text includes a large number of problems Now, however, the Problems, updated and considerably expanded, are organized in Sets at the end of each substantive chapter. This extensively re-written and reorganized edition includes the classic common law torts cases, but is updated throughout with teachable, cutting-edge decisions that will demand student interest and hold their attention. Particular care has been to take account of the most recent commentaries on tort law, such as the growing importance of the Restatement (Third) of Torts. Chapter One is unique among American torts casebooks in its examination of how the dominant twenty-first century tort theories influence judicial decisionmaking and scholarship. That chapter explains six key perspectives on tort law: • Law and Economics; • Corrective Justice; • Critical Race Theory; • Critical Feminism; • Pragmatism; and • Social Justice Chapter One references the famous McDonald's hot coffee litigation as a case study to illustrate these perspectives in action. Subsequent chapters continue to work through that case study and continually reference the perspectives to explain or challenge the decided cases. The authors seek to provide students with innovative cases and problems, empowering them with practical skills. By exposing students to the most important contemporary tort law theories, the Fourth Edition of this casebook encourages students to go beyond passively memorizing case holdings and the voyeuristic experience of reading appellate opinions and truly gain perspectives on tort law. This eBook features links to Lexis Advance for further legal research options.

Family Law Stories

Author: Carol Sanger

Publisher: N.A

ISBN: N.A

Category: Law

Page: 298

View: 6684

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This new Law Stories title presents the back stories historical, procedural, personal and political of eleven significant family law cases. The essays, written by leading family law scholars, cover four main areas: marriage (Reynolds, Loving, Goodridge), parenting and custody (Troxel), separation and divorce (McGuire and O Brien) and the definition of family (Moore v. East Cleveland). Other essays investigate well known state and federal cases on such topics as child kidnapping, the intentional infliction of emotional distress, the Indian Child Welfare Act and frozen embryos.

Prosser, Wade, and Schwartz's torts

cases and materials

Author: Victor E. Schwartz,Kathryn Kelly,William Lloyd Prosser,David F. Partlett

Publisher: Foundation Pr

ISBN: 9781587788741

Category: Law

Page: 1237

View: 979

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Combining excellence in scholarship and ease of use, this best-selling casebook engages readers in and encourages critical thinking about tort law with its compelling stories, crisply edited classic tort cases, and discussion of legislation and new public policy. Unbiased in its approach and organized in manageable sections of information, the casebook expands law students? understanding of tort law doctrine and rationale with helpful notes, memorable cases and statutes, and discussion of topics such as the increasing influence of legislatures on the common law of torts.

Cases and Materials on Torts

Author: Richard A. Epstein,Catherine M. Sharkey

Publisher: Wolters Kluwer Law & Business

ISBN: 1454877464

Category: Law

Page: 1328

View: 5992

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Cases and Materials on Torts, Eleventh Edition for Fall 2016 classes. This top tier casebook integrates modern scholarship with historical background to provide a sense of the development of tort law. The thoughtful presentation engages students by examining different intellectual approaches used to interpret law. The 11th edition carries many successful features from earlier editions, including extensive historical materials on the evolution of tort law, an expanded treatment of public nuisance law, recent developments in products liability law, expansion of the materials on various types of injuries in damage cases, and heavier emphasis on web-based communications under the law of defamation and privacy. Key Features: Updated two-color design New Restatement boxes that highlight the law for easy reference Condensation of basic material, including a combination of the insurance contract and no fault insurance issues into a single chapter Introduction of new visual materials in each chapter, including pictures charts, cartoons, and biographical sketches of key figures in tort law, as an assist to the case and other materials

Understanding Tort Law

Author: Carol Harlow

Publisher: Sweet & Maxwell

ISBN: 9780421878402

Category: Human rights

Page: 194

View: 4560

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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.

Environmental Law Stories

Author: Richard J. Lazarus,Oliver A. Houck

Publisher: Thomson West

ISBN: N.A

Category: Law

Page: 353

View: 6575

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Environmental Law Stories feature characters as diverse as community activists, small farmers, big businesses, dedicated scientists, skilled lawyers, strong-willed judges, and Presidents of the United States. Four of the ten selected cases established the field of environmental law, three others refined it, and the final three have sought to limit its effectiveness and reach. This selection mirrors the development of the field of environmental law, from the first, heady days of its creation to its current conflicts with other laws and values, including some embedded in the Constitution.

Bending the Law

The Story of the Dalkon Shield Bankruptcy

Author: Richard B. Sobol

Publisher: University of Chicago Press

ISBN: 9780226767536

Category: Law

Page: 415

View: 2709

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Follows the legal proceedings that resulted from the A.H. Robins Company's declaration of bankruptcy, which halted thousands of lawsuits filed against Robins by women injured by its Dalkon Sheild IUD

Torts - A Wider View

Author: Stephen D. Sugarman

Publisher: Vandeplas Pub.

ISBN: 9781600422256

Category: Law

Page: 626

View: 7643

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Law students can master existing Tort doctrine from a careful reading of their casebooks. But many would welcome a "wider view." This book helps readers see the forest and not just the trees. Its four parts (and seventeen chapters) present: ideological, political, and historical perspectives on Torts; comparative law insights from other countries; alternative policy solutions to contemporary social problems not well handled by Torts; and explanations of how unduly complex Tort doctrines can be improved by being simplified. This book offers a unique set of supplemental readings for the 1L Torts course or for a seminar on Sugarman on Torts. Stephen D. Sugarman is the Roger J. Traynor Professor of Law at UC Berkeley Law School, where he has taught Torts since 1972. He has been a Visiting Professor at Columbia Law School, Tel Aviv University Faculty of Law, Kyoto University Faculty of Law, the European University Institute, Kobe University School of Law, University College London Faculty of Law, the University of Paris, and the Law Faculty London School of Economics. He is the author of Doing Away with Personal Injury Law and co-author of Torts Stories.

Law 101

Everything You Need to Know About American Law, Fourth Edition

Author: Jay Feinman

Publisher: Oxford University Press

ISBN: 0199341710

Category: Law

Page: 400

View: 429

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In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing

Emerging Issues in Tort Law

Author: Jason W Neyers,Erika Chamberlain,Stephen G A Pitel

Publisher: Bloomsbury Publishing

ISBN: 1847317014

Category: Law

Page: 610

View: 9028

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In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.

In Defense of Tort Law

Author: Thomas Koenig,Michael Rustad

Publisher: NYU Press

ISBN: 0814748996

Category: Law

Page: 345

View: 9354

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Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald’s when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely. In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why? Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.

Feminist Perspectives on Tort Law

Author: Janice Richardson,Erika Rackley

Publisher: Routledge

ISBN: 0415619203

Category: Law

Page: 232

View: 1941

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Brings together acknowledged experts in these two areas to pursue a distinctly feminist approach to the major areas of tort law.

Reaching the Bar

Stories of Women at All Stages of Their Law Career

Author: Robin Sax

Publisher: Simon and Schuster

ISBN: 1607145464

Category: Law

Page: 240

View: 4973

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Women account for 30% of the 1.14 million attorneys currently practicing in the U.S., and in 2007, 48% of all juris doctor degrees were awarded to women. Despite the growing appearance of women at the bar, the law is still a profession dominated by older white men. While some of the challenges an aspiring lawyer faces are the same regardless of gender, other issues are particular hurdles for woman attorneys. Reaching the Bar provides the perspectives of women lawyers to their peers and to women just getting started in their legal careers. From their first torts class to their final case studies, women at law have to make choices about what specialty degrees to pursue, whether or when to have children, and how they are going to respond to sexism in the workplace and the courtroom. These books provide a forum for women at all levels to describe and examine those choices Reaching the Bar features stories from each stage of a lawyer’s career – beginning with the law school students and clerks, through the corporate stages from junior associate to senior partner, then on to late-stage careers like judges or professors. Reaching the Bar blends inspirational, funny and dramatic stories, with the constant theme of seasoned women looking back at their experiences and sharing what they’ve learned.

Advanced Tort Law: A Problem Approach

Author: Vincent R. Johnson

Publisher: LexisNexis

ISBN: 0327176512

Category: Law

Page: 552

View: 4188

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This textbook is designed for use in upper-level law school courses. It reflects the belief that the most effective teaching materials for students beyond the first year of law school are centered on problems of the kind that lawyers face in practice. Other features of the book include: • Clear Narrative Text. The chapters in Advanced Tort Law: A Problem Approach focus on five intriguing subjects which normally receive little attention in basic torts courses: misrepresentation, defamation, invasion of privacy, tortious interference, and injurious falsehood. In each chapter, the law is laid out in a clear narrative format, which quotes liberally from pertinent court opinions, statutes, and other sources. Because upper-level law students are already well acquainted with the American litigation process, each topic focuses primarily on operative rules and policies, and their application to particular fact situations. The text minimizes the procedural complexities of cases that have already been decided. • Fifty-Six Discussion Problems. The main instructional feature of Advanced Tort Law: A Problem Approach is the fifty-six discussion problems. Roughly every eight to ten pages, there is a problem for students to prepare in advance of class. A good answer requires a confident grasp of the rules, concepts, and principles addressed in the text or in basic law school courses. The problems, which test whether students have learned the assigned material, are designed to form the basis for classroom discussions. If a class meets twice a week over the course of a typical law school semester, each reading assignment is likely to include about fifteen to twenty pages of reading material and two discussion problems. Other advanced torts books have few or no discussion problems, or contain discussion problems only in some chapters. Advanced Tort Law: A Problem Approach is the only textbook that uses discussion problems as the principal teaching device for every topic in the book. • Preparation for Practicing Law in the 21st Century. Many of the problems in Advanced Tort Law: A Problem Approach are based on actual cases or stories in the news. With rare exceptions, the names have been changed. The facts in the problems often diverge from those which gave rise to the underlying disputes in order to raise questions important to the course. The discussion problems challenge students to explore how the law applies to the kinds of facts they will encounter in twenty-first century law practice. There is an abundance of citations to cases decided since 2000. The hypothetical scenarios are designed to help users of the book develop the problem-solving skills that effective lawyers need today. • Cutting-Edge Legal Issues in the Digital Age. Although the torts discussed in this book are ancient in origin, they are often on the front lines of litigation in the Digital Age. There are abundant references to issues raised by recent communications technology developments, including blogging, texting, and social networking. The book addresses numerous practical questions that Americans confront in contemporary life, such as the liability issues that arise from anonymous postings on the Internet or from corporate press releases designed to mislead investors.

Fault Lines

Tort Law as Cultural Practice

Author: David Engel,Michael McCann

Publisher: Stanford University Press

ISBN: 0804756139

Category: Law

Page: 384

View: 3288

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This pioneering collection examines tort law as a cultural phenomenon, drawing on the theories and methods of law, sociology, political science, and anthropology and comparative cases across the United States, Europe, and Asia.

Comparative Law in the Courtroom and Classroom

The Story of the Last Thirty-five Years

Author: B. S. Markesinis

Publisher: Hart Publishing

ISBN: 1841133981

Category: Law

Page: 273

View: 6650

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This book presents an original, deliberately controversial, and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century. Looking at the weaknesses, strengths, and protagonists (most of whom were personally known to the author) of comparative law during the preceding thirty-five years, the book is a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticize the impact the long association with Roman law has had on the orientation and well-being of his subject. With equal force, he also warns against some modern trends linking it with variations of the critical legal studies movement, and he urges the study of foreign law in a way that can make it more attractive to practitioners and more usable by judges. This monograph represents a passionate call for greater intellectual cooperation. It offers one way of achieving it - a cooperation between practitioners and academics on the one hand and between Common and (modern) Civilian lawyers on the other, in an attempt to save the subject from the marginalization it suffered in the 1980s and from which the globalization movement of the 21st century may be about to deliver it.

The Psychology of Tort Law

Author: Jennifer K. Robbennolt,Valerie P. Hans

Publisher: NYU Press

ISBN: 0814724949

Category: Law

Page: 320

View: 3563

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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.