The American Law of Torts PDF Download

Author: Stuart M. Speiser
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 1190

View

Book Description

Author: Martha Chamallas
Publisher: NYU Press
ISBN: 0814716768
Category : Law
Languages : en
Pages : 240

View

Book Description
Citizenship is generally viewed as the most desired legal status an individual can attain, invoking the belief that citizens hold full inclusion in a society, and can exercise and be protected by the Constitution. Yet this membership has historically been exclusive and illusive for many, and in Citizenship and its Exclusions, Ediberto Roman provides a sweeping, interdisciplinary analysis of citizenship's contradictions. Roman offers an exploration of citizenship that spans from antiquity to the present, and crosses disciplines from history to political philosophy to law, including constitutional and critical race theories. Beginning with Greek and Roman writings on citizenship, he moves on to late-medieval and Renaissance Europe, then early Modern Western law. His analysis culminates with an explanation of how past precedents have influenced U.S. law and policy regulating the citizenship status of indigenous and territorial island people, as well as how different levels of membership have created a de facto subordinate citizenship status for many members of American society, often lumped together as the "underclass." "What kind of harms matter, and why? Steeped in the history of American tort law, Martha Chamallas and Jennifer B. Wriggins demonstrate how attitudes about race and gender run through the harms recognized---and not recognized---by American law. Along the way, this fine book sheds light on deliberate and unconscious stereotyping, the shifting treatments of workplace and family injuries, the influence of social movements on law and public attitudes, and alternative approaches to harms, causation, and damages. This book is brimming with insights about how societies do and should express what matters in assigning liability for human pain and loss." "This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actualy working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system."

Author: D. K. Srivastava
Publisher:
ISBN: 9789888231591
Category : Torts
Languages : en
Pages : 1016

View

Book Description

Author: Kenneth S. Abraham
Publisher: West Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 306

View

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: Jennifer K. Robbennolt
Publisher: NYU Press
ISBN: 0814724949
Category : Law
Languages : en
Pages : 327

View

Book Description
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.

Author: Jonathan L. Zittrain
Publisher: MIT Press
ISBN: 0262370069
Category : Law
Languages : en
Pages : 594

View

Book Description
A law school casebook that maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases. A tort is a wrong that a court is prepared to recognize, usually in the form of ordering the transfer of money (“damages”) from the wrongdoer to the wronged. The tort system offers recourse for people aggrieved and harmed by the actions of others. By filing a lawsuit, private citizens can demand the attention of alleged wrongdoers to account for what they’ve done—and of a judge and jury to weigh the claims and set terms of compensation. This book, which can be used as a primary text for a first-year law school torts course, maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases. Taken together, these cases show differing approaches to the problems of defining legal harm and applying those definitions to a messy world. The cases range from alleged assault and battery by “The Schoolboy Kicker” (1891) to the liability of General Motors for “The Crumpling Toe Plate” (1993). Each case is an artifact of its time; students can compare the judges’ societal perceptions and moral compasses to those of the current era. This book is part of the Open Casebook series from Harvard Law School Library and MIT Press.

Author: Jack Simmons
Publisher:
ISBN: 9780327163633
Category : Torts
Languages : en
Pages : 0

View

Book Description

Author: John C. P. Goldberg
Publisher: Belknap Press
ISBN: 0674241703
Category : Torts
Languages : en
Pages : 393

View

Book Description
"Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--

Author: G. Edward White
Publisher: Oxford University Press, USA
ISBN: 9780195139655
Category : History
Languages : en
Pages : 428

View

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: Kenneth S Abraham
Publisher:
ISBN: 9780813951461
Category : Law
Languages : en
Pages : 0

View

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."--