Monday, May 9, 2016
Marshall Shapo has published The Experimental Society. The blurb:
This book examines society’s responses to many kinds of experimentation, focusing on both creation of and assessment of risks. As people seek new ways to make their lives safer and happier, the widespread process of experimentation claims victims. Some of these are people who directly and willingly accept the risks of experiments. By comparison, some are effectively experimental subjects in the hands of others who often may not even think of themselves as experimenting with the lives of consumers.
The Experimental Society covers a wide spectrum of products and activities, including those that radiate into the environment like nuclear power, hydrofracking, and asbestos. The book spotlights prescription drugs and substances used in the most ordinary consumer products such as salt, caffeine, and BPA in sippy cups. It also discusses the testing of new ways of thinking, including those related to social organization and processes, and even the law itself. A particular concern is the case in which the subjects of experiments are unaware that the experiments are taking place.
This lucidly written volume will be useful to practicing lawyers who specialize in personal injury law, and law professors who teach such subjects as torts and products liability, medicine, and science. Physicians and scientists in various branches of medicine will find it provocative, as will political scientists, economists, sociologists, anthropologists, and philosophers.
Shapo is interviewed about the book here.
Tuesday, April 26, 2016
Friday, April 15, 2016
From the authors:
We are excited to launch the 11th edition of our casebook, Cases and Materials on Torts, which marks a real sea change in the four short years since we teamed up as co-editors. We have redesigned our book in response to the new sensibilities of the age. For the first time, the book contains historical images, cartoons, tables, and charts that are set off from the main text to supply visual background information about the persons, places, and things that hold center stage in the cases and materials of the book. The design of these materials has been spruced up with red headings to mark transitions and with boxes that contain key provisions of the various Restatements of Torts.
In response to the suggestions of our faithful users, we have judiciously shortened the material by thinning out the notes and eliminating some of the less popular principal cases. In doing so, we have held fast to the intellectual rigor, historical depth, and careful case selection and notes found in the previous ten editions. But we have embraced change as well, adding diverse perspectives (such as race and gender-based critiques of damages calculations, which have gained additional judicial attention), incorporating contemporary empirical scholarship (especially on medical malpractice, damages and jury decision-making), addressing the increasing influence of technology (such as privacy and defamation in the Internet age), and keeping pace with modern trends in business tort litigation, including the most recent the Third Restatement project on liability for economic harms (such as fraud and negligent misrepresentation).
To get a feel for the pedagogy in our book, we encourage you to have a look at a sample chapter posted on our Companion Website. In your review of this chapter, here are a few noteworthy features (which are representative of those that appear throughout the book):
- Judge portraits. See pages: 141 for Tindal, 144 for Holmes, 170 for Hand, and 172 for Posner and Calabresi
- Charts and graphs. Look to page 236 for one depicting “vanishing trial”
- Judge vs. jury section, including reference to current empirical study of jury/judge decision-making (245-48)
- Boxes. This one depicts significant Restatement provisions and pattern jury instructions (252-3)
- Cartoons and other images that engage students. See page 139 for a cartoon from The New Yorker.
Our goal is nothing short of producing a Torts casebook for the next generation of torts professors and students. With that in mind, the new 11th Edition will now also be available digitally, as a Connected Casebook. In addition to offering students an enhanced eBook with note taking and highlighting capabilities, the “connected” version of our casebook also includes an outlining tool, a wealth of self-assessment materials – including multiple choice and essay questions, and analytics that enable the student or professor to see which topics may need further clarification or study.
We are indebted to our torts colleagues across the country and now two generations of torts students (at Chicago, Columbia, and NYU) for their received wisdom on various topics and issues raised in our book. We would be delighted to hear from anyone interested in exploring our book in either 1L torts courses or advanced torts or business torts courses.
If you’d like to receive a review copy of our book, please click here.
Thank you for your consideration,
Richard Epstein, firstname.lastname@example.org
Catherine Sharkey, email@example.com
Friday, April 8, 2016
Arthur Ripstein's Private Wrongs is now available from Harvard University Press:
A waiter spills hot coffee on a customer. A person walks on another person’s land. A moored boat damages a dock during a storm. A frustrated neighbor bangs on the wall. A reputation is ruined by a mistaken news report. Although the details vary, the law recognizes all of these as torts, different ways in which one person wrongs another. Tort law can seem puzzling: sometimes people are made to pay damages when they are barely or not at fault, while at other times serious losses go uncompensated. In this pioneering book, Arthur Ripstein brings coherence and unity to the baffling diversity of tort law in an original theory that is philosophically grounded and analytically powerful.
Ripstein shows that all torts violate the basic moral idea that each individual is in charge of his or her own person and property, and never in charge of another individual’s person or property. Battery and trespass involve one person wrongly using another’s body or things, while negligence injures others by imposing risks to them in ways that are inconsistent with their independence. Tort remedies aim to provide a substitute for the right that was violated.
As Private Wrongs makes clear, tort law not only protects our bodies and property but constitutes our entitlement to use them as we see fit, consistent with the entitlement of others to do the same.
Thursday, March 31, 2016
For a review copy, click here.
From the authors:
This edition offers additional benefits to students. First, it features a new design that incorporates illustrations and sidebars to aid students’ comprehension. Second, students have the option of purchasing a “connected” version of the casebook. Information on the Casebook Connect platform is here:https://www.casebookconnect.com/faculty. (The connected e-book allows students to gain access to a wealth of self-assessment materials, including multiple-choice and essay questions. Moreover, faculty can access data on students’ handling of these materials, which in turn can help them gauge which topics may require additional attention or clarification.)
We realize, of course, that the adoption of a new casebook requires time and effort. To help minimize these costs, we have prepared a 500+ page, everything-you-need-to-know Teacher’s Manual. It not only provides details and context for each principal case, it also offers a steady stream of pedagogic suggestions based on our combined six decades of experience teaching Torts. In addition, adopters gain access to 200+ media-rich PowerPoint slides that can be adapted for use in your class, or can simply be used to help you prepare to teach.
To give you a sense of what the book has to offer, please click here to access:
- Chapter 9 (Battery, Assault and False Imprisonment); the Teacher’s Manual for Chapter 9, and a sampling of PowerPoint slides for Chapter 9; and
- a detailed Table of Contents (click on the “Table of Contents” tab on the left, then on “Complete Table of Contents” at the bottom of the page)
As you can see, Chapter 9 itself contains several representative features, including:
- Sidebars on pages 612 and 645 that enable students to engage in self-assessment
- Extensive and informative expository notes, such as those on pages 632-638
- Illustrations and photographs (such as the cartoon on page 604) that aim to inform students and to provide them with occasional breaks from the rigors of class prep
Meanwhile, the sample from the Teacher’s Manual and the slides will give you a sense of the support we provide to adopters.
Wednesday, March 23, 2016
Thursday, February 11, 2016
Wednesday, February 3, 2016
Tim Kaye (Stetson) has founded Webby Books (web e-books). From his e-mail:
The first Webby Book to be published is my own Law of Torts. Further details about it can be found here: https://webby-books.com/news/inaugural-publication/
The electronic equivalent of an inspection copy may be requested here: https://webby-books.com/faculty/
Webby Books have been rigorously tested over a lengthy beta period with several classes of both full-time and part-time students, and have received rave reviews.
Unlike so may other e-books, Webby Books are not just glorified PDFs, but are designed from the ground up as free-standing websites. This means that they can make use of online technology to an extent that far surpasses anything that law books have provided hitherto.
They contain not just case well-chosen extracts, but also a helpful commentary with references that hyperlink to original sources. They are accompanied by numerous tables, diagrams and charts, which can be enlarged as each user desires without loss of definition.
Students and professors can annotate and highlight Webby Books as they wish. They can even leave and respond to comments next to any passage of text. A forum facilitates broader discussions, where the ability to hyperlink to any paragraph in the Webby Book can also be utilized.
Webby Books are optimized for both mobile and other touch-enabled devices, so they can be used literally wherever a user has an internet connection. The color scheme and fonts have been chosen to minimize eye-strain and to facilitate use by those with dyslexia.
While anyone may purchase a Webby Book subscription, substantial discounts are available for students whose professors adopt them as class texts.
Further details of Webby Book are available here: https://webby-books.com/
Friday, December 11, 2015
Barbara Peters has published The Warnings Compendium (available at Amazon). Topics include:
Designing warnings, deciding when to warn, adequacy, ambiguity, location, conspicuity, attention getting, signal words, color, permanency, cradle-to-grave, audience, intermediaries, complexity, effectiveness, repetition, neurobiology, continuing duty, channels to warn, and legal doctrines affecting warnings.
Thursday, December 10, 2015
Hart Publishing is delighted to announce the publication of
‘Hepple and Matthews' Tort Law’
by David Howarth, Martin Matthews,
Jonathan Morgan, Janet O'Sullivan and Stelios Tofaris
Associate Editor Bob Hepple
We are pleased to offer you 20% discount on the book
To order online with your 20% discount please click on the link below the title and then click on the ‘pay now’ button on the right hand side of the screen. Once through to the ordering screen type ref: CV7 in the voucher code field and click ‘apply’
Alternatively, please contact Hart Publishing’s distributor, Macmillan Distribution Limited, by telephone or email (details below) quoting ref: CV7
Hepple and Matthews' Tort Law
Cases and Materials
by David Howarth, Martin Matthews,
Jonathan Morgan, Janet O'Sullivan
and Stelios Tofaris
Consultant Editor Bob Hepple
New to Hart Publishing, this is the seventh edition of the classic casebook on tort, the first of its kind in the UK, and for many years now a bestselling and very popular text for students. This new edition retains all the features that have made it such a popular and respected text, with extensive commentary, questions and notes supplementing the selection of cases and statutes which form the core of the book. Taking a broadly contextual approach the book addresses all the main topics in tort law, is up-to-date, doctrinally sound, stimulating and highly readable.
David Howarth, Fellow of Clare College and Professor of Law and Public Policy, University of Cambridge.
Martin Matthews, Emeritus Fellow of University College, University of Oxford.
Jonathan Morgan, Fellow of Corpus Christi College and Senior Lecturer in Law, University of Cambridge.
Janet O’Sullivan, Fellow of Selwyn College and Senior Lecturer in Law, University of Cambridge.
Stelios Tofaris, Fellow of Girton College and Lecturer in Law, University of Cambridge.
Sir Bob Hepple QC LLD FBA, former Master of Clare College and Emeritus Professor of Law, University of Cambridge.
November 2015 9781849465557 1248pp Hbk RSP:
20% Discount Price: £35.19
If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount, please click on the ‘pay now’ button on the right hand side of the screen. Once through to the ordering screen type ref: CV7 in the voucher code field and click ‘apply’.
Alternatively, please contact Hart Publishing’s Distributor, ISBS (International Specialized Book Services), by telephone or e-mail and quote reference CV7 when placing your order.
920 NE 58th Avenue, Suite 300, Portland, OR 97213-3786, USA.
Tel: +1 503 287 3093 Fax: +1 503 280 8832 E-mail: firstname.lastname@example.org
Friday, October 9, 2015
Nicholas McBride (Cambridge) has posted to SSRN The Humanity of Private Law--An Introduction. The abstract provides:
This is a draft of the introduction to a book I am working on called The Humanity of Private Law – which book will attempt to present a new account of private law as centred around the promotion of a particular vision of human flourishing.
As well as introducing the main claims of the book, this introduction also discusses: (1) economic and Kantian explanations of private law; (2) the explanations of tort law put forward by John Goldberg and Benjamin Zipursky, and by John Gardner; (3) the nature of corrective justice; (4) the nature of morality; (5) the justifiability of strict legal duties to succeed; (6) the difference between explanations and evaluations of private law; and (7) three different models of human flourishing.
Wednesday, July 15, 2015
How does looking at tort law from a psychology lens differ from looking at it through an economic lens?
“We look at human beings as they actually are, not as hypothetical economic humans,” Hans told Corporate Crime Reporter in an interview last week. “We are human. We have foibles. We take short cuts in our decision making. We rely on heuristics. We pay more attention to the here and now as opposed to what might happen in the future. We commingle things that should be separate. We are decent decision makers but we are fallible decision makers. Psychology brings to tort law the ways in which actual real world decision making affects the operation of tort law.”
Monday, July 6, 2015
I have spent the last several weeks teaching in Venice; I'm home now and blogging should be much more consistent again.
I taught a class entitled "Tort Law in Global Perspective," using Julie Davies and Paul Hayden's Global Issues in Tort Law. I liked the book and I believe my students did as well. It is relatively cheap and not physically heavy. It provides a good overview of doctrinal differences among countries in many major areas of tort law. It covers the Alien Tort Statute, Torture Victim Protection Act, Anti-Terrorism Act, Foreign Sovereign Immunities Act, and Warsaw Convention. It was a great experience for me because I have a better understanding of comparative tort law. And, of course, I got to spend several weeks in Venice.
Thursday, May 28, 2015
It's summer and literature week here at TortsProf. Yesterday I posted about Martin Clark's "Jezebel Remedy," and today I'm pushing another novel from my home state of Virginia. Charlottesville lawyer John Davidson has just published his debut novel, "Virginia Dawning." Back in 2012, John won a short story contest judged by John Grisham. "Virginia Dawning" is receiving strong early reviews; the blurb:
One spring morning in the gentle hills of Virginia, when Dr. Luke Andrews kisses his wife, Sarah, goodbye for the day and drives to his small-town medical practice, he unwittingly leads their young family into the hands of Hiram Legrand, a dangerous fugitive from the law.
Filled with shocking twists, Virginia Dawning is a fast-paced thriller that brings one family face-to-face with pure evil. Told in a rare dual first-person narrative by Luke and Sarah Andrews, a young couple, this suspenseful tale offers surprises at every turn while compelling readers to consider the true meaning of hope and love.
Wednesday, May 27, 2015
Virginia Circuit Judge Martin Clark is about to publish his fourth novel, "The Jezebel Remedy." I reviewed Clark's third novel, "The Legal Limit," back in 2009. I'm very excited about the next one, due out on June 9th. From the blurb:
Lisa and Joe Stone, married for twenty years and partners in their small law firm in Henry County, Virginia, handle less-than-glamorous cases, whether domestic disputes, personal injury settlements, or never-ending complaints from their cantankerous client Lettie VanSandt (“eccentric” by some accounts, “certifiable” by others). When Lettie dies in a freakish fire, the Stones think it’s certainly possible that she was cooking meth at her trailer. But details soon emerge that lead them to question how “accidental” her demise actually was, and settling her peculiar estate becomes endlessly complicated.
Before long, the Stones find themselves entangled in a corporate conspiracy that will require all their legal skills—not to mention some difficult ethical choices—for them to survive. Meanwhile, Lisa is desperately trying to shield Joe from a secret, dreadful error that she would give anything to erase, even as his career—and her own—hangs in the balance. In The Jezebel Remedy, Clark gives us a stunning portrait of a marriage, an intricate tour of the legal system, and a relentlessly entertaining story that is full of inventions, shocks and understanding.
Saturday, February 21, 2015
Defences in Tort
Edited by Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.
James Goudkamp is a Fellow of Keble College, Oxford and an Associate Professor in the Oxford Law Faculty.
Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford and Lecturer in Law at Balliol College.
February 2015 452pp Hbk 9781849465267 RSP: £75 / US $150
20% DISCOUNT PRICE: £60 / US$120
Order Online in the US
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Friday, February 20, 2015
Jeb Barnes (USC-Political Science) and Thomas Burke (Wellesley-Political Science) have published How Policy Shapes Politics: Rights, Courts, Litigation, and the Struggle Over Injury Compensation
How Policy Shapes Politics analyzes the politics of injury compensation in the United States, a field in which judicialized policies operate side-by-side with bureaucratized social insurance programs. The authors conclude that the choice between judicialized and bureaucratized injury compensation policies can have powerful political consequences.
By comparing the political trajectories of different types of policies, some more court-centered, others less so, the authors probe the consequences of arguably one of the most significant developments in post-World War II government, the increasingly prominent role of courts, litigation, and legal rights in politics.
Tuesday, November 4, 2014
On October 23rd, Widener Law had the pleasure of hosting Benjamin Shmueli as he presented "Tort and Family Law: Civil Actions for Acts that are Valid According to Religious Family Law but Harm the Rights of Spouses." Shmueli is Senior Lecturer (Associate Professor) at Bar-Ilan University in Israel and, from 2013-2015, Senior Research Scholar at the Yale Law School.
Shmueli's engaging presentation focused on two case studies. Refusal to grant a get—a Jewish bill of
divorce—in Jewish law and divorcing a wife unilaterally and against her will in Shari'a law (talaq/ repudiation) are practices permitted—even if not desirable—by religious law. Shmueli argues that tort and contract law should be integrated, sensitively, with religious law. His justifications: a property rules/liability rules framework, legal pluralism, and justice-based considerations. I am looking forward to the full book. A short prospectus is here: Download Tort_and_Family_Law-Short_Prospectus (1)
Tuesday, September 16, 2014
John Oberdiek (Rutgers-Camden) has posted to SSRN Introduction: Philosophical Foundations of the Law of Torts. The abstract provides:
This Introduction to Philosophical Foundations of the Law of Torts (John Oberdiek, ed., Oxford University Press, 2014) provides a brief history of the discipline of tort theory, maps out current debates in the field, and introduces the volume's nineteen chapters. Along the way, this Introduction addresses many of the core problems in the philosophy of tort law, draws connections between them.
Tuesday, March 18, 2014
Many of you know that Carolina Academic Press launched the Context and Practice Series as a way for law profs to implement the ideas in the Carnegie Report and Best Practices. I've used Michael Hunter Schwartz's and Denise Riebe's Contracts casebook and found it very student-friendly. Now Alex Long (Tennessee) and Meredith Duncan (Houston) are publishing Advanced Torts in that series. From the CAP blurb:
Advanced Torts: A Context and Practice Casebook
by Alex B. Long, Meredith J. Duncan
Advanced Torts focuses primarily on tort theories that are not covered in significant detail in the standard first-semester Torts course. However, the book explores these topics with a particular emphasis on how they apply to lawyers engaged in the practice of law. Thus, students learn about defamation, interference with contractual relations, etc. while reading cases and working through problems that frequently involve lawyers as litigants. Given the reality that a lawyer is more likely to be sued for malpractice or some related theory during the lawyer’s career than it is the lawyer will face professional discipline, the subject matter of the book should resonate with students in a way that most Advanced Torts books do not.
The book covers the theories of liability often addressed in Advanced Torts courses, and some of the cases do not involve lawyers as parties. In this sense, the book is general enough that it can be used in any Advanced Torts class. However, it also includes material that should be of special concern for lawyers, including several chapters devoted to legal malpractice. Thus, it could be used in an Advanced Torts class as well as a stand-alone class devoted to legal malpractice and related theories of liability. Throughout the book, the authors make a conscious effort to help aspiring lawyers develop their professional identities as they learn the doctrine.