Author: Kenneth S Abraham Publisher: ISBN: 9780813951461 Category : Law Languages : en Pages : 0
Book Description
"This book has evolved out of a series of jointly authored articles on torts that we published in law reviews between 2013 and 2021."--
Author: John C. P. Goldberg Publisher: Harvard University Press ISBN: 0674246527 Category : Law Languages : en Pages : 393
Book Description
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Author: G. Edward White Publisher: Oxford University Press, USA ISBN: 9780195139655 Category : History Languages : en Pages : 428
Book Description
G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
Author: JAMIE R. ABRAMS Publisher: West Academic Publishing ISBN: 9781684673148 Category : Languages : en Pages : 141
Book Description
Legal education pedagogy is transforming rapidly. These simulations bring traditional torts casebooks alive in challenging and empowering ways; bring greater clarity and mastery to tort law concepts; and bridge the study of law into the dynamic practice of law. Using modern simulations representing clients in core "bread and butter" lawyering tasks, students apply their casebook rules to conduct discovery, advise clients, correspond with counsel, draft pleadings, calculate damages, and argue motions. Students move beyond the repetition of appellate cases, incorporating statutes and using secondary sources and practitioner tools to save valuable time and resources. While emphasizing substantive tort law mastery, the simulations further demonstrate how law practice seamlessly connects procedure, substance, and skills.
Author: Keith N. Hylton Publisher: Cambridge University Press ISBN: 1316598497 Category : Law Languages : en Pages : 465
Book Description
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: Geoffrey Rapp Publisher: Aspen Publishing ISBN: 1543817092 Category : Law Languages : en Pages : 746
Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Tort doctrine is complex and nuanced on its own; a torts casebook that mystifies first year students will not help them develop the core skill of legal analysis. Tort Law in Focuspresents concepts in a way that students can understand and apply. Rather than hide the ball, Geoffrey Rapp explains new terms clearly, and guides students in the specific techniques of applying tort law to practice-based problems. Along with concrete examples, Tort Law in Focus provides clear and thorough introductions to those areas of tort law (such as proximate cause under the dominant and new Restatement approaches; res ipsa; factual cause, including but-for cause and alternatives in special cases like indivisible injuries and alternative causes; the duty of owners and occupiers of land; and comparative negligence) that are especially challenging for first-year law students. Professors and Students Will Benefit From: Clear introductions and transitional text that frame key rules, concepts, and cases A wide selection of modern, high-interest cases that apply dominant legal rules, and which, where possible, interpret and apply the Restatement (Third) Summaries and discussion of canonical cases that convey the history and context of modern tort law Examples, flow charts and maps that illustrate concepts, rules, and the relationships among parties and interests Consistent use of problems that encourage students to implement “IRAC” (or equivalent) strategies for structuring their analysis Samples of documents commonly used in tort law practice, such as demand letters and complaints
Author: Kenneth S. Abraham Publisher: West Publishing Company ISBN: Category : Law Languages : en Pages : 306
Book Description
The perfect accompaniment to any torts casebook, The Forms and Functions of Tort Law covers all the major cases and issues in the standard torts course, sharing Professor Abraham's scholarly insights developed over 25 years of teaching. This analytical text addresses the cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. The straightforward, readable text in this paperback addresses both rules and policy and presents topics in a way that helps students grapple with the issues more effectively. Organized in the traditional manner, topics covered include intentional torts, negligence, cause-in-fact, proximate cause, defenses, strict liability, nuisance, products liability, damages, tort reform, invasion of privacy, defamation, misrepresentation, and the economic interference torts. Each chapter stands on its own, making the book ideal for use as a classroom text as well as for self-directed reading by students.
Author: Bernadette Richards Publisher: ISBN: 9780455238029 Category : Actions and defenses Languages : en Pages : 751
Book Description
Provides a concise overview of the key concepts and principles of this area of law. Significant commentary together with supporting cases, problem and tutorial questions, flow charts and tables, all assist the student to further their understanding and assess their knowledge.