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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.
JumpStart is a new study aid series covering the first-year course areas. Each title is a short book, roughly 170 pages, that addresses a problem students experience as they navigate their first year courses. Often first year students are expected to learn substantive law by reading judicial opinions without a framework or process to help them comprehend what they are reading. The JumpStart series supplies the context and prepares students to apply the rules in a litigation context. Titles in the series can be used as a general introduction to law school or as an introduction to torts. The books are most useful early in the first semester as well as in orientation courses or as summer reading for students entering their first year of law school. The series will appeal to academic success/support coordinators as well as the course-area professors. Ross Sandler is the series editor. His JumpStart: Torts is the first title in the series. JumpStart: Torts offers a detailed step-by-step approach to the stages of litigation, beginning with stating a theory of the case, moving through determining facts and making motions to receiving the holding of the case. Legal reasoning and the litigation process are taught via numerous judicial opinions with full analysis of each. Judicial opinions and analyses are made comprehensible without in-class explanation in a straightforward, clear, and informal writing style. Class-tested for success, JumpStart: Torts features pedagogical elements that support learning and facilitate use. As with each book in the series, the opening chapter provides a glossary of the terms, idioms, and procedures encountered in reading cases in tort law. Many judicial opinions are accompanied by an artist-drawn "cartoon" that illustrates the conflict or issue of the case. Short, easy-to-read opinions focus on ordinary situations with simple fact patterns that apply settled rules of law and principles. The book ends with a Practice Exam: a clear explanation of how to approach the typical torts essay exam question as well as insight into how professors grade exams. The chapter ends with a practice essay question. Two sample answers are included: a strong answer and a weaker answer. Each answer includes notes that point out where students did well and where they could improve their answers. Features: Detailed step-by-step approach to the stages of litigation begins by stating a theory of the case moves through determining fact and making motions to receiving the holding of the case Illustrates legal reasoning and the litigation process teaches through numerous judicial opinions with analysis Judicial opinions and analyses comprehensible without in-class explanation Straightforward, clear, informal style Class-tested material Pedagogical features Opening chapter glossary of the terms, idioms, and procedures encountered in reading cases
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
Tried and tested by generations of students, Street on Torts can be trusted to provide a clear and accurate explanation of tort law. In this edition, John Murphy has thoroughly rewritten the book to bring a fresh and readable style to this classic text. Students new to tort law can read treet chapter by chapter as they work through their lectures: the book has been substantially restructured to map closely to a typical undergraduate law course and provides all the essential material in one volume. Street's broad coverage has been maintained toensure it appeals to a wide range of institutions as a main course text. This edition provides a strong anaylsis of case law, explaining how torts actually work and examining the social purposes behind them. The importance of the Human Rights Act is traced thoughout the book, and a new chapter has been included on the misuse of private information to reflect this rapidly developing area of the law. Further reading sections have been added to the end of each chapter. Online Resource Centre The twelfth edition of Street on Torts is accompanied by an Online Resource Centre providing twice-yearly updates, giving students easy access to key developments in the law.
The new edition of European Tort Law provides an extensive revision and update of the only English language handbook in this constantly evolving area. The coverage in the new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the Court of Justice of the European Union, and the highest courts in France, Germany, and England. The first part of the book, Systems of Liability, provides chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter gives an overall view of the European field, linking the variety of rules with cultural diversity, examining the consequences for European harmonization, and emphasizing the importance of a European policy discourse. The second part, Requirements for Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: rights and protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. It also discusses the role of tort law in protecting human rights against violations by the state and by multinational corporations. The final part, Categories of Liability, assesses how national and supranational rules are applied in a number of categories, such as in liability for motor vehicles, defective products, and defective premises, in liability for children, employees, and subsidiaries, as well as in cases of nuisance, environmental liability, and liability of public bodies.
"Mass tort litigation against the gun industry, with its practical weaknesses, successes, and goals, provides the framework for this collection of thoughtful essays by leading social scientists, lawyers, and academics. . . . These informed analyses reveal the complexities that make the debate so difficult to resolve. . . . Suing the Gun Industry masterfully reveals the many details contributing to the intractability of the gun debate." -New York Law Journal "Second Amendment advocate or gun-control fanatic, all Americans who care about freedom need to read Suing the Gun Industry." -Bob Barr, Member of Congress, 1995-2003, and Twenty-First Century Liberties Chair for Freedom and Privacy, American Conservative Union "The source for anyone interested in a balanced analysis of the lawsuits against the gun industry." -David Hemenway, Professor of Health Policy & Director, Harvard Injury Control Research Center Harvard School of Public Health Health Policy and Management Department, author of Private Guns, Public Health "Highly readable, comprehensive, well-balanced. It contains everything you need to know, and on all sides, about the wave of lawsuits against U.S. gun manufacturers." -James B. Jacobs, Warren E. Burger Professor of Law and author of Can Gun Control Work? "In Suing the Gun Industry, Timothy Lytton has assembled some of the leading scholars and advocates, both pro and con, to analyze this fascinating effort to circumvent the well-known political obstacles to more effective gun control. This fine book offers a briefing on both the substance and the legal process of this wave of lawsuits, together with a better understanding of the future prospects for this type of litigation vis-à-vis other industries." -Philip J. Cook, Duke University "An interesting collection, generally representing the center of the gun-control debate, with considerable variation in focus, objectivity, and political realism." -Paul Blackman, retired pro-gun criminologist and advocate Gun litigation deserves a closer look amid the lessons learned from decades of legal action against the makers of asbestos, Agent Orange, silicone breast implants, and tobacco products, among others. Suing the Gun Industry collects the diverse and often conflicting opinions of an outstanding cast of specialists in law, public health, public policy, and criminology and distills them into a complete picture of the intricacies of gun litigation and its repercussions for gun control. Using multiple perspectives, Suing the Gun Industry scrutinizes legal action against the gun industry. Such a broad approach highlights the role of this litigation within two larger controversies: one over government efforts to reduce gun violence, and the other over the use of mass torts to regulate unpopular industries. Readers will find Suing the Gun Industry a timely and accessible picture of these complex and controversial issues. Contributors: Tom Baker Donald Braman Brannon P. Denning Tom Diaz Howard M. Erichson Thomas O. Farrish Shannon Frattaroli John Gastil Dan M. Kahan Don B. Kates Timothy D. Lytton Julie Samia Mair Richard A. Nagareda Peter H. Schuck Stephen D. Sugarman Stephen Teret Wendy Wagner

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