Mastering Torts presents in a clear, narrative form a doctrinal overview of the law of torts. Designed especially for law students, this hornbook-like treatment is a mixture of doctrinal condensation and factual exploration that can be used with the fourth edition of Studies in American Tort Law or with other torts casebooks.
Law by Gert Brüggemeier,Aurelia Colombi Ciacchi,Patrick O'Callaghan
Author: Gert Brüggemeier,Aurelia Colombi Ciacchi,Patrick O'Callaghan
Publisher: Cambridge University Press
This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.
Law by Stephen G A Pitel,Jason W Neyers,Erika Chamberlain
Author: Stephen G A Pitel,Jason W Neyers,Erika Chamberlain
Publisher: A&C Black
In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.
As relevant to today's debates about law and order and punishment as when they were published, titles in this set put forward the central principle that it is impossible to think about contemporary problems without thinking about society. Covering topics such as youth crime, legal aid, youth detention and the causes of criminal behaviour, titles in this set are still key to any study of law and criminology.
Masculinity, Law, and Literature in American Culture
Author: Jennifer Travis
Publisher: Univ of North Carolina Press
Category: Literary Criticism
The literary study of emotion is part of an important revisionary movement among scholars eager to recast emotional politics for the twenty-first century. Looking beyond the traditional categories of sentiment, sensibility, and sympathy, Jennifer Travis suggests a new approach to reading emotionalism among men. She argues that the vocabulary of injury, with its evaluations of victimhood and its assessments of harm, has deeply influenced the cultural history of emotions. From the Civil War to the early twentieth century, Travis traces the history of male emotionalism in American discourse. She argues that injury became a comfortable vocabulary--particularly among white middle-class men--through which to articulate and to claim a range of emotional wounds. The debates about injury that flourished in the cultural arenas of medicine, psychology, and the law spilled over into the realm of fiction, as Travis demonstrates through readings of works by Stephen Crane, William Dean Howells, Willa Cather, Henry James, and Edith Wharton. Travis concludes by linking this history to twenty-first-century preoccupations with "pain-centered politics," which, she cautions, too often focuses only on women and racial minorities.
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.
Author: Andrew T. Pittman,John O. Spengler,Sarah J. Young
Publisher: Human Kinetics
Case Studies in Sport Law, Second Edition, provides students with specific examples and perspectives of some of the most significant cases in sport law in an accessible tone that is free of legal jargon. The text is an ideal companion for non-law students who are seeking clarity and context for legal issues commonly encountered in sport management and sport law settings. The 87 cases provide real-life applications for students and scholars of sport management. This updated second edition of Case Studies in Sport Law contains one new case study to provide a more contemporary example while maintaining the most significant precedent cases. The text is easily incorporated as a supplement to course studies, especially for its recommended companion text, Introduction to Sport Law, Second Edition. These two texts were designed with the other in mind, and the structures match each other in order of topics presented so that students can easily cross-reference the two to obtain the best understanding of sport law. The 87 cases in Case Studies in Sport Law have been carefully curated by a team of experts in the field and represent many of the multifaceted aspects of sport law. Some of the areas covered in the text are school districts, colleges and universities, interscholastic and recreational programs, professional sport franchises, sporting goods manufacturers and trademarks, and governing bodies. This broad approach encourages students to understand the impact of legal issues on the sport industry, including many of the areas that students are hoping to pursue as a career. Case Studies in Sport Law offers condensed versions of each case as opposed to the full legal proceedings, which enables students to grasp key concepts of the case instead of wading through legal jargon. The cases are divided into the main topics that are most prevalent in sport law courses: agency law, antitrust law, constitutional law, contract law, employment law, intellectual property, labor law, products liability, risk management, statutory law, Title IX, tort law, and the U.S. legal system. This is an easy-to-follow format that allows instructors and readers easy selection of cases based on the topic at hand. In addition to the abridged court cases, each section provides introductory information to prepare students on the type of law that will be examined and key concepts to bear in mind while reading. Further, each case study ends with review questions that can test student comprehension, be used for review, and prompt in-class discussions. Answers to these review questions are in the instructor guide, which is free to course adopters and available at www.HumanKinetics.com/CaseStudiesInSportLaw. Litigation and lawsuits in sport are increasing; therefore, managers and operators must maintain a thorough understanding of legal practices. Case Studies in Sport Law is the ideal text to supplement a sport management or sport law class and bolster student comprehension of sport law issues, and it is a supreme reference in the professional library of all practitioners in college, high school, professional, and recreational sport settings.
Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early Republic By far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy
Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.
English summary: In the first part of what is probably his most significant work, Nobel Prize winner Friedrich A. von Hayek provides a comprehensive systematic description of the fundamental principles of a liberal social philosophy which has formed the basis for the development of European civilization in the last centuries. In the second part of the book, the author deals with the origin of the rule of law and its significance for safeguarding personal freedom. In the third part, Hayek shows, using relevant examples, how important principles of the rule of law have been violated with the emergence of the welfare state and how this could lead to the destruction of personal freedom. German description: Wenn alte Wahrheiten ihren Einfluss auf das Denken der Menschen behalten sollen, mussen sie von Zeit zu Zeit in der Sprache und den Begriffen der nachfolgenden Generationen neu formuliert werden. (Hayek). Dies unternimmt F. A. von Hayek in der Verfassung der Freiheit, die nunmehr in 4. Auflage als Band B 3 der deutschen Ausgabe des Hayekschen Werks ( Gesammelte Schriften ) erscheint. Dieses wohl bedeutendste Werk des Nobelpreistragers bietet im ersten Teil eine umfassende systematische Darstellung der wesentlichen Prinzipien einer freiheitlichen Sozialphilosophie - der Grundlage fur die Entwicklung der europaischen Zivilisation in den letzten Jahrhunderten. Der zweite Teil befasst sich mit der Entstehung der rechtsstaatlichen Grundsatze - der rule of law - und ihrer Bedeutung fur die Sicherung der personlichen Freiheit. Im dritten Teil zeigt Hayek, wie mit dem Aufkommen des Wohlfahrtsstaates wichtige rechtsstaatliche Prinzipien verletzt werden und damit die personliche Freiheit zerstort zu werden droht. Dies verdeutlicht er anhand aufschlussreicher Beispiele aus den Bereichen Gewerkschaften und Beschaftigung, soziale Sicherheit, Besteuerung und Umverteilung, Landwirtschaft und Naturschatze, Erziehung und Forschung.
Statistics in the Law is primarily a user's manual or desk reference for the expert witness-lawyer team and, secondarily, a textbook or supplemental textbook for upper level undergraduate statistics students. It starts with two articles by masters of the trade, Paul Meier and Franklin Fisher. It then explains the distinction between the Frye and Daughbert standards for expert testimony, and how these standards play out in court. The bulk of the book addresses individual cases covering a wide variety of questions, including: ?Does electronic draw poker require skill to play? ?Did the New Jersey State Police disproportionately stop black motorists? ?Is a jury a representative cross section of the community? ?Were ballots tampered with in an election? The book concludes with Part 5, a review of English law, that includes a case in which a woman was accused of murdering her infant sons because both died of "cot death" or "sudden death syndrome," (she was convicted, but later exonerated), and an examination of how Bayesian analyses can (or more precisely), cannot be presented in UK courts. In each study, the statistical analysis is shaped to address the relevant legal questions, and draws on whatever methods in statistics might shed light on those questions.
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.