Comments And Cases On Torts And Damages
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Author | : John C. P. Goldberg |
Publisher | : Harvard University Press |
Total Pages | : 393 |
Release | : 2020-02-04 |
Genre | : Law |
ISBN | : 0674246527 |
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 | : Isidore Silver |
Publisher | : |
Total Pages | : |
Release | : 1986 |
Genre | : Actions and defenses |
ISBN | : 9780820513096 |
Author | : Martha Chamallas |
Publisher | : Cambridge University Press |
Total Pages | : 459 |
Release | : 2020-12-10 |
Genre | : Law |
ISBN | : 1108484298 |
A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.
Author | : Marta Infantino |
Publisher | : Cambridge University Press |
Total Pages | : 785 |
Release | : 2017-12-28 |
Genre | : Law |
ISBN | : 1108418368 |
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Author | : Arthur Ripstein |
Publisher | : Harvard University Press |
Total Pages | : 328 |
Release | : 2016-04-05 |
Genre | : Law |
ISBN | : 0674659805 |
Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index
Author | : Ariel Porat |
Publisher | : Oxford University Press, USA |
Total Pages | : 236 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780198267973 |
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
Author | : Law Reform Commission of British Columbia |
Publisher | : |
Total Pages | : 128 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Author | : Sheldon H. Nahmod |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Constitutional torts |
ISBN | : 9781632815507 |
To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author | : Simone Degeling |
Publisher | : |
Total Pages | : 514 |
Release | : 2011 |
Genre | : Commercial law |
ISBN | : 9780455229232 |
TORTS IN COMMERCIAL LAW guides practitioners through a complex, difficult and controversial area of the law, offering a resource illuminating the many particular and difficult issues at this intersection. The third volume in a compelling "commercial law library", accompanying Equity in Commercial Law and Unjust Enrichment in Commercial Law, this new book will be turned to frequently. Based on the papers presented at the international conference, "Torts in Commercial Law 2010", this book brings together in one volume a series of chapters from a team of prestigious contributors analysing the interaction of common law and equity in commercial law. Its unique strength is its sustained examination and the conceptual unity that it brings to the subject matter. The world's leading experts - practitioners, judges and academics - provide unique commentary in this key area of the law. Contents Introduction Part I: General Themes and Directions Part II: Economic Torts and Economic Loss Part III: Insurance and the State Part IV: Causation, Damages and Defences Contributors include The Hon Justice James Allsop, Associate Professor Kit Barker, Professor Andrew Burrows QC FBA, Associate Professor Simone Degeling, Dr Simon Douglas, The Hon Justice James Edelman, The Hon Chief Justice Robert French AC, Professor Mark Gergen, Dr James Goudkamp, The Hon Sir Grant Hammond KNZM, The Rt Hon Lord Hoffmann PC, Professor Lewis Klar, Professor Barbara McDonald, Associate Professor Jason Neyers, Professor Jane Stapleton, Professor Robert Stevens, Professor Jenny Steele, Mr William Swadling, Professor Stephen Todd and Professor Prue Vines.
Author | : Thomas Kadner Graziano |
Publisher | : |
Total Pages | : 0 |
Release | : 2018 |
Genre | : Torts |
ISBN | : 9781138567726 |
This book promotes a learning by doing approach to comparative tort law. Students are invited to solve a scenario according to the laws of several jurisdictions and to reflect upon the most appropriate approach and solution.