Constitutional Torts

Constitutional Torts
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.

Advanced Torts

Advanced Torts
Author: George C. Christie
Publisher: West Academic Publishing
Total Pages: 0
Release: 2012
Genre: Torts
ISBN: 9780314281821

This Advanced Torts Book is designed for a two or three hour tort course for students who have had a basic tort class and wish to pursue in-depth some of the important topics of tort law that are either not covered or not covered in much depth in their basic tort course. Unlike some advance torts texts that devote much of their attention to economic and business torts, products liability or toxic torts, this book offers materials on a number of areas: trespass and nuisance, economic torts, products liability, insurance, tort reform and non-tort compensation systems, intentional infliction of emotional distress, defamation, privacy, misuse of legal process and constitutional torts.

Constitutionalisation of Private Law

Constitutionalisation of Private Law
Author: Thomas Barkhuysen
Publisher: BRILL
Total Pages: 145
Release: 2006
Genre: Law
ISBN: 9004148523

This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.

A Right to Lie?

A Right to Lie?
Author: Catherine J. Ross
Publisher: University of Pennsylvania Press
Total Pages: 184
Release: 2021-11-30
Genre: Political Science
ISBN: 0812253256

Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.

Constitutional Law Stories

Constitutional Law Stories
Author: Michael C. Dorf
Publisher:
Total Pages: 580
Release: 2009
Genre: Law
ISBN:

Dorf's Constitutional Law Stories provides a student with an understanding of 15 leading U.S. constitutional law cases. It focuses on how lawyers, judges, and socioeconomic factors shaped the litigation, and why the cases have attained landmark status. This book is suitable for adoption as a supplement in an introductory constitutional law course or as a text for an advanced seminar.

Recognizing Wrongs

Recognizing Wrongs
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.

Constitutional Torts and the War on Terror

Constitutional Torts and the War on Terror
Author: James E. Pfander
Publisher: Oxford University Press
Total Pages: 281
Release: 2017
Genre: Law
ISBN: 0190495286

Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct outside of the United States -- Overcoming qualified immunity -- Common-law solutions to judge-made problems.

Business Law I Essentials

Business Law I Essentials
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
Total Pages: 180
Release: 2019-09-27
Genre:
ISBN: 9781680923025

A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Constitutional Analysis in a Nutshell

Constitutional Analysis in a Nutshell
Author: Jerre Stockton Williams
Publisher:
Total Pages: 424
Release: 1979
Genre: Law
ISBN:

"A succinct exposition of the law to which a student or lawyer can turn for reliable guidance." -- Back cover.

Tort Law Simulations

Tort Law Simulations
Author: JAMIE R. ABRAMS
Publisher: West Academic Publishing
Total Pages: 141
Release: 2020-09-18
Genre:
ISBN: 9781684673148

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.