Wednesday, September 22, 2010
Anita Bernstein (Brooklyn) has posted to SSRN her article, Teaching Torts: Rivalry as Pedagogy. I've also been increasingly interested in the rise of global tort practice and have noted the rise in attention to global tort practice over the past few years; indeed, I'm now considering teaching a course entitled, Global Tort Litigation. Here's the abstract for Anita Bernstein's article:
This contribution to a Tort Law Academic Workshop considers the ‘twin themes’ pervading torts pedagogy in the twenty-first century: (1) teaching torts for global practice and (2) teaching the common law in an age of statutes. Manifested at both transnational and national levels, the two themes have in common what may be understood as rivalries, where contrary rules and stances compete for power. The article explores illustrations of this competition that emerge in an American torts classroom, with attention to the interest that a ‘pedagogy of rivalry’ might hold for torts teachers and scholars working within common law systems outside the United States.