TortsProf Blog

Editor: Christopher J. Robinette
Widener Univ. School of Law

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Tuesday, November 4, 2014

Shmueli on Tort, Contract & Family Law

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
divorcein 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) 

November 4, 2014 in Books, Religion | Permalink | Comments (0) | TrackBack (0)

Tuesday, September 16, 2014

Oberdiek's Introduction to Philosophical Foundations of the Law of Torts

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.

September 16, 2014 in Books, Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, March 18, 2014

Advanced Torts Casebook in the CAP Context and Practice Series

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.

Alex states that he (along23@utk.edu) and Meredith (mjduncan@central.uh.edu) are delighted to answer questions.

--CJR

March 18, 2014 in Books, Teaching Torts | Permalink | Comments (0) | TrackBack (0)

Wednesday, November 20, 2013

Medical Malpractice and Compensation in Global Perspective

Medical Malpractice and Compensation in Global Perspective (edited by Ken Oliphant & Richard W Wright). De Gruyter, Berlin/Boston, 2013. xviii + 573 pages. ISBN 978-3-11-027023-5. €149,95 (hardback).
 
From the marketing materials:
 
This book examines the issues of medical malpractice and compensation for medical injuries in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. The papers are drawn from a symposium held in Vienna in December 2010 which drew together legal experts from 14 national or regional systems across six continents. The collection is framed by a short introduction by the editors and a concluding chapter of comparative observations by Ken Oliphant.
 
The legal systems covered are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States.
 
--CJR

November 20, 2013 in Books, Conferences, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, November 6, 2013

Research Handbook on the Economics of Torts

Edward Elgar Publishing announces the publication, later this month, of Research Handbook on the Economics of Torts, edited by Jennifer Arlen (NYU).  From the blurb:

Description
‘An indispensable resource for anyone interested in economic analysis of tort law, and tort law period. Professor Arlen has assembled an academic all-star team, and its members have prepared up-to-date, high quality, and accessible treatments of centrally important topics ranging from causation and damages to vicarious liability and insurance to tort reform and tort alternatives. With respect to the analysis of tort law through the lenses of empirical and microeconomic analysis, this is now the go-to volume.’
– John Goldberg, Harvard Law School, US

Contents
Contributors include: J. Arlen, L. Babcock, T. Baker, R. Cooter, A. Daughety, D. DePianto, S.S. Diamond, T. Eisenberg, R. Epstein, J. Furgeson, M. Geistfeld, M. Grady, M. Heise, E. Helland, D. Hensler, K.N. Hylton, L. Kornhauser, R. Kraakman, G. Miller, J. Reinganum, J. Salerno, S.A. Seabury, C. Sharkey, P. Siegelman, E. Talley, M. Trebilcock, T. Ulen, P.-E. Veel, W.K. Viscusi, A.L. Wickelgren, K. Zeiler.

Nov 2013  680 pp  Hardback  978 1 84844 118 7  £180.00 / $285.00 

35% discount price £117.00 / $185.00

To order (or if you have any questions), please email
elgarsales@e-elgar.com (N&S America) or sales@e-elgar.co.uk (Europe & ROW)

To order online (N&S America)

Go to www.e-elgar.com once the book is in your shopping basket, enter LPBN35 in the special discount code box after you have entered your delivery details.

To order online (Europe & ROW)

Go to www.e-elgar.co.uk once the book is in your shopping basket, enter LPBN35 in the special discount code box after you have entered your delivery details.

Offer ends: 31st December 2013

--CJR

November 6, 2013 in Books, Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, October 22, 2013

Tort Law: Challenging Orthodoxy

From Hart Publishing comes a new torts book and a discount for our readers:

Tort Law: Challenging Orthodoxy 

Edited by Stephen GA Pitel, Jason W Neyers and Erika Chamberlain

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.

 

October 2013    516pp   Hbk   9781849464710  RSP: £75 / €97.50 / US$150

20% DISCOUNT PRICE: £60 / €78 / US$120

Order Online US

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please mention ref: ‘TORTSPROFBLOG’ in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.

US Website - http://www.hartpublishingusa.com/books/details.asp?ISBN=9781849464710

 

Order Online in the UK, EU and ROW

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please type the reference ‘TORTSPROFBLOG’ in the voucher code field and click ‘apply’.

UK, EU and ROW Website  - http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849464710

If you have any questions please contact Hart Publishing

Hart Publishing Ltd, 16C Worcester Place, Oxford, OX1 2JW

Telephone Number: 01865 517 530

Fax Number: 01865 510 710

Website: http://www.hartpub.co.uk

- SBS

October 22, 2013 in Books | Permalink | Comments (0) | TrackBack (0)

Monday, September 30, 2013

Beever on "The Law of Private Nuisance"

BeeverFrom Hart Publishing comes news of a new title of interest to our TortsProf readers:

The Law of Private Nuisance  By Allan Beever

 "It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach. 

 In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law.

 This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved."

 

Please click here to view the table of contents for this book 

 

Sept 2013   180pp   Hbk   9781849465069  RSP: £35 / €45.50

Discount Price: £28 / €36.40 

Hart Publishing is delighted to offer TortsProf readers a  20% discount.

Order Online in the US

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please mention ref: ‘TORTSPROFBLOG’ in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.

US website: http://www.hartpublishingusa.com/books/details.asp?ISBN=9781849465069

 

Order Online in the UK, EU and ROW

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please type the reference ‘TORTSPROFBLOG’ in the voucher code field and click ‘apply’.

UK, EU and ROW website: http://www.hartpub.co.uk/books/details.asp?ISBN=9781849465069

 

If you have any questions please contact Hart Publishing Hart Publishing Ltd, 16C Worcester Place, Oxford, OX1 2JW Telephone Number: 01865 517 530 Fax Number: 01865 510 710

Website: www.hartpub.co.uk

Hart Publishing Ltd. is registered in England No. 3307205

 

- SBS

September 30, 2013 in Books | Permalink | Comments (0) | TrackBack (0)

Wednesday, September 18, 2013

Calnan: The Right to Civil Defense in Torts

...has been released by Carolina Academic Press.  He credits guest posts on this blog as part of the formative process of the book.  Available here.

--CJR

September 18, 2013 in Books, Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, September 12, 2013

Simons on Consent, Assumption of Risk, and Victim Negligence

Ken Simons (Boston University) has posted to SSRN Exploring the Relationship between Consent, Assumption of Risk, and Victim Negligence, a chapter in a forthcoming book edited by John Oberdiek.  The abstract provides:

This chapter analyzes the nature of consensual rationales for precluding tort liability, and explores the relationship between consent to an intentional tort, assumption of risk, and victim negligence.  Is consent conceptually and normatively distinguishable from assumption of risk?  Yes and no: they differ in some respects, but share a common core.  Are they equally valid bases for precluding, and not merely reducing, recovery?  Yes: court justifiably invoke consent more often than assumption of risk, not because the doctrines differ in principle, but because of factual differences between the most common scenarios in which each arises.  In paradigm consent scenarios, the two parties mutually benefit from the interaction, or the alleged tort-feasor justifiably relies on the other’s assent, but these features are often absent in assumption of risk scenarios.

--CJR

September 12, 2013 in Books, Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, September 3, 2013

"Iniuria and the Common Law"

Hart Publishing has just published "Iniuria and the Common Law," edited by Eric Descheemaeker and Helen Scott.  The book description states:

The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality. 

It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.

 

Hart is offering our readers a 20% discount on the book:

August 2013   276pp   Hbk   9781849465038  RSP: £50 / €65 / US$100

20% DISCOUNT PRICE: £40 / €52 / US$80

Order Online in the US

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please mention ref: ‘TORTSPROFBLOG’ in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.

US website: http://www.hartpublishingusa.com/books/details.asp?ISBN=9781849465038

 

Order Online in the UK, EU and ROW

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please type the reference ‘TORTSPROFBLOG’ in the voucher code field and click ‘apply’.

UK, EU and ROW website: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849465038

 

If you have any questions please contact Hart Publishing

Hart Publishing Ltd, 16C Worcester Place, Oxford, OX1 2JW

Telephone Number: 01865 517 530

Fax Number: 01865 510 710

Website: http://www.hartpub.co.uk

- SBS

 

 

 

September 3, 2013 in Books | Permalink | Comments (0) | TrackBack (0)

Monday, August 26, 2013

New Edition of English Private Law

Oxford University Press has published a new edition of English Private Law, edited by Andrew Burroughs.  The attached flyer provides a 20% discount: Download Burrows - English private lawflyer

- SBS

August 26, 2013 in Books | Permalink | Comments (0) | TrackBack (0)

Monday, August 5, 2013

"Tort Law Defences" by James Goudkamp

James Goudkamp (Oxford Law) has published Tort Law Defences.  The book description provides:

The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified.

Hart Publishing is offering a 20% discount for our readers. From the publisher:

RSP: £60 / €78 / US$120  20% DISCOUNT PRICE: £48 / €62.40 / US$96

Order Online in the US

If you would like to place an order, you can do so through the Hart Publishing website (link below). To receive the discount please mention ref: ‘TORTSPROFBLOG’ in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.

US website: http://www.hartpublishingusa.com/books/details.asp?ISBN=9781849462914

Order Online in the UK, EU and ROW

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please type the reference ‘TORTSPROFBLOG’ in the voucher code field and click ‘apply’.

UK, EU and ROW website: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849462914

If you have any questions please contact Hart Publishing.

- SBS

 

 

August 5, 2013 in Books | Permalink | Comments (0) | TrackBack (0)

Wednesday, April 3, 2013

The Concise Restatement of Torts, Third Edition

Ellen Bublick (Arizona) has compiled The Concise Restatement of Torts (3d ed.) for the ALI.  The book draws on 5 projects from the Restatement (Third) of Torts and is organized like many first-year casebooks.  The Concise Restatement of Torts is under 400 pages, was published on earlier this week, and is available through ALI here.

I have never used a supplement in my Torts course.  I have recommended several secondary sources (and will continue to do so).  However, I taught Contracts for the first time last year and found a supplement useful in that course.  Based on that experience, I decided a supplement would help my Torts students as well.  I have been looking around for the right Torts supplement, and this is it.  Virtually every topic I cover in my two-semester course is in The Concise Restatement of Torts.

--CJR

April 3, 2013 in Books, Teaching Torts | Permalink | Comments (0) | TrackBack (0)

Friday, March 15, 2013

An Injury Law Constitution

I intended to blog this conference session-by-session starting yesterday, but a computer malfunction based on user error prevented it. 

Session One (Introduction and Chapter One)

Marshall began the conference by summarizing the thesis of his book, drawn from his study of injury law that has led him to believe that it has some of the qualities of a constitution.  He includes within injury law not only tort law, but also compensation systems like workers' comp and the 9/11 Victim Compensation Fund, and statutory safety regulation.  Shapo said the injury law constitution "embodies the tensions" within the field.  He pointed specifically to the tensions among efficiency and social and individual justice.  He also focused on the themes of choice, responsibility, and safety.

Bob Rabin was a commentator.  He praised Shapo for the use of a "wide-angle lens" on the subject.  He said it was an ambitious undertaking and stated he was in basic agreement with Shapo.  He noted, however, that he had a different focus.  Rabin said that while Shapo looks at injury law and sees a coherent constitution-like structure, he sees a patchwork design.  He noted the pragmatic and public policy constraints in each of the 3 areas of tort, compensation systems, and safety regulations.

Responding to comments, Shapo stated his work was more descriptive than normative and described the injury law constitution as a "series of battles with ebbs and flows."  As Shapo acknowledges, the injury law constitution does not provide a direct measuring rod for statutes and judicial decisions as does the traditional American conception of a constitution.  Based on that acknowledgement, comments and questions focused on the work done by his analogy to a constitution.  To me, it seems the most likely use of the analogy is to present injury law in a broader context than tort alone.  Additionally, Shapo's concept of the injury law constitution "embodying the tensions" is similar to the way the U.S. Constitution is viewed by many as providing a never-ending argument over government.  Shapo offers an alternative phrasing, "a constitutive injury law," for those who might prefer it.

Session Two (Chapters Two and Seven on Power)

Shapo began the session by stating that behind many tort cases is a concern over checking power.  In tort, he pointed to products liability, with its concern for the power of manufacturers, medical malpractice, IIED (with its focus on employment relationships and sexual harassment), and constitutional torts (a phrase he coined in a 1965 article), illustrating safety regulation, he pointed to OSHA, and for compensation systems, he pointed to workers' comp.

Cathy Sharkey began by stating that perhaps acting as a check on power was a further analogy to a constitution.  She stated a theme of the book was a preference for decisions at the "trench level," jurors in many cases.  She also questioned whether a concern with power would mean that tort should dominate contract in many instances.  Finally, she discussed preemption and pushed Shapo to focus more on it.

Comments and questions focused on power relationships in settlement, between federal and state law, and between plaintiffs and plaintiffs' attorneys.

The evening concluded with glowing tributes to Shapo from his colleagues and included statements from Judge Calabresi and Justice Scalia.

Session Three (Chapter Nine on Rationales)

Shapo was unfortunately late this morning because of a terrible car crash on Lake Shore Drive last night.  Anita Bernstein had to start speaking before his arrival.  She indicated that Shapo approved of a number of tort rationales:  safety, efficiency, freedom, corrective justice, apology, vindication, punishment, social justice, uniformity, and rationality.  She discerned a normative streak hidden in Shapo's descriptive project.  She stated that one needed to consult his prior writings to see what he disapproves of.  The list includes:  "dangerous products," an "obsession with comparative institutional analysis," and "failure to give sufficient weight to competing points of view."

Comments and questions focused on whether Shapo had a clear hierarchy for his list of rationales.  Shapo was able to join the session at this point and acknowledged he considered himself a pluralist and was not attempting to present a unifying theory or hierarchy.  Instead, his goal was to identify a catalog of rationales, goals, and purposes.

Session Four (Conclusion)

Shapo began the final session by revisiting the tension between the individual and society.  He then discussed Judge Hand's tribute to Judge Cardozo, in which he said the wise man was the detached man.  He referred to examples pro and con on judging as ideological, on the one hand, and nonpartisan, on the other.  Referring to a phrase used by a foreign correspondent he found in research before he went to law school, Shapo concluded by saying he hoped his work captured the "smell of the streets."

Jacqueline Zins, the former Deputy Special Master for the 9/11 Fund, was the commentator for this session, focusing on the role of compensation systems in Shapo's injury law constitution.  She detailed the statute creating the 9/11 Fund and all of its gaps.  She further detailed how Ken Feinberg, as Special Master, filled in those gaps.  Much of his focus was on equality and compassion. 

Comments and questions focused on the differences between the Fund and tort law, as well as Zins's declaration (mirroring Feinberg) that the Fund was unique and would not be repeated.

--CJR

March 15, 2013 in Books, Conferences | Permalink | Comments (0) | TrackBack (0)

Thursday, March 14, 2013

Searle Center Book Conference on "An Injury Law Constitution" by Marshall S. Shapo

Today and tomorrow the Searle Center at Northwestern is hosting a conference on Marshall Shapo's An Injury Law Constitution.  The format is interesting; there is a group of about 35 having a roundtable discussion instead of panelists.  There are 4 sessions and each has a commentator to begin the discussion. 

Session One:  Introduction and Chapter One (Bob Rabin)

Session Two:  Chapters Two and Seven (on Power) (Cathy Sharkey)

Session Three:  Chapter Nine (on Rationales) (Anita Bernstein)

Session Four:  Conclusion (Jacqueline Zins, Former Deputy Special Master of the 9/11 Fund)

I plan to blog the sessions (though probably not as they occur), so stay tuned.

--CJR

March 14, 2013 in Books, Conferences | Permalink | Comments (0) | TrackBack (0)

Thursday, November 22, 2012

Employers' Liability and Workers' Compensation

Ken Oliphant & Gerhard Wagner have published Employers' Liability and Workers' Compensation.  The abstract provides:

The European Centre of Tort and Insurance Law (ECTIL) with support by the Institute for European Tort Law embarked already in 2009 on a Comparative Project on Employers' Liability and Workers' Compensation. The study - conducted in English and led by Ken Oliphant (Institute for European Tort Law, Vienna) and Gerhard Wagner (University of Bonn) - will consist of reports from Austria, Australia, Denmark, France, Germany, Italy, Japan, the Netherlands, Poland, Rumania, the United States of America and the United Kingdom. With regard to content the study will focus on the compensation of occupational diseases and accidents. Issues like discrimination, moral or sexual harassment and other damages claims of employees against their employer will be dealt with in the reports for countries where these issues are seen as a part of Employers' Liability (e.g. UK, USA), but not in detail. Major aspects of the reports will be a description of different existing compensation schemes, interactions between Employers' Liability and Workers' Compensation, a comparison of both systems and their respective efficiency.

The countries covered are: Australia (Mark Lunney), Austria (Ernst Karner/Felix Kernbichler), Denmark (Vibe Ulfbeck), England and Wales (Richard Lewis), France (Florence G'Sell/Isabelle Veillard), Germany (Raimund Waltermann), Italy (Alessandro P Scarso/Massimo Foglia), Japan (Keizo Yamamoto/Tomohiro Yoshimasa), the Netherlands (Siewert D Lindenbergh), Poland (Domenika Dörre-Nowak), Romania (Christian Alunaru/Lucian Bojin) and the United States of America (Michael D Green/Daniel S Murdock).
 
The book is completed by three concluding essays that address general themes:
Thomas Thiede, The European Coordination of Employers' Liability and Workers' Compensation
Ken Oliphant, The Changing Landscape of Work Injury Claims: Challenges for Employers' Liability and Workers' Compensation
Gerhard Wagner, New Perspectives on Employers' Liability - Basic Policy Issues

--CJR

November 22, 2012 in Books | Permalink | Comments (0) | TrackBack (0)

Thursday, November 8, 2012

Weinrib's New Book on Corrective Justice

Ernest Weinrib further develops his concept of corrective justice in a new Oxford University Press book entitled Corrective Justice.  The abstract provides:

Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers.

Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law.

In this new book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor.

Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it will be essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.

--CJR

November 8, 2012 in Books | Permalink | Comments (0) | TrackBack (0)

Thursday, September 27, 2012

Kaye's Products Textbook

Carolina Academic Press is publishing Products Liability Law: Cases, Commentary, and Conundra by Tim Kaye.  Here is the blurb:

Products liability law is often confusing because it is in a state of constant flux as it confronts a number of challenges. Some such challenges are well known, such as the battle over the comparative merits of the Second and Third Restatements of Torts. Other equally important challenges have, however, been overlooked by other texts, such as the growing use of bankruptcy protection laws to limit the consequences of supplying defective products (as in the recent bailout-supported cases of General Motors and Chrysler), and this book sets out to rectify such omissions.

While other books leave the reader to sink or swim in a swamp of apparently contradictory doctrine, Products Liability Law lays out from the beginning the five elements common to all products liability claims. It then builds on this foundation by tackling each new area of the law in a lucid and reader-friendly manner, while explaining how each doctrine relates to the politico-economic and historical context in which the law operates.

Supplementing the text with numerous original flowcharts, tables, and other diagrams—as well as asking thoughtful questions along the way—this book charts a careful and comprehensible course through the often tempestuous battleground of products liability law.

--CJR

September 27, 2012 in Books, Teaching Torts | Permalink | Comments (0) | TrackBack (0)

Thursday, August 30, 2012

Gifford et al. on Ordering the Torts Casebook

Don Gifford (Maryland), Joseph Kroart, Brian Jones (Villanova-Sociology), and Cheryl Cortemeglia have posted to SSRN What's on First?  Organizing the Casebook and Molding the Mind.  The abstract provides:

This study empirically tests the proposition that law students adopt different conceptions of the judge’s role in adjudication based on whether they first study intentional torts, negligence, or strict liability. The authors conducted an anonymous survey of more than 450 students enrolled in eight law schools at the beginning, mid-point, and end of the first semester of law school. The students were prompted to indicate to what extent they believed the judge’s role to be one of rule application and, conversely, to what extent it was one of considering social, economic, and ideological factors. The survey found that while all three groups of students shifted toward a belief that judges consider social, economic, and ideological factors, the degree of the shift differed in a statistically significant way depending on which torts their professors taught first. These differences persisted throughout the semester, even after they studied other torts. Further, these differences were observed even when the analysis controlled for law school ranking and were more pronounced among students attending the highest ranked schools.

In interpreting the survey results, the authors employ sociologist Erving Goffman’s theory of “frame analysis” and the work of cognitive psychologists including Amos Tversky and Daniel Kahneman on “anchoring.” The Article concludes that the category of tort liability to which students are first exposed affects the “frame” or “lens” through which they view the judicial process. This frame becomes anchored and persists throughout the study of other tort categories. The lessons about the nature of the judging process learned implicitly through the professor’s choice of topic sequence may be even more important than the substantive topics themselves.

--CJR

August 30, 2012 in Books, Scholarship, Teaching Torts | Permalink | Comments (0) | TrackBack (0)

Friday, July 27, 2012

Two by Rustad

Mike Rustad (Suffolk) has posted two pieces to SSRN.  First, he reviews Marshall Shapo's new book in The Myth of a Value-Free Injury Law:  Constitutive Injury Law as a Cultural Battleground.  The abstract provides:

This review essay critically examines Marshall Shapo’s new book, An Injury Constitution. Shapo’s new book provides a counter to simplistic arguments that torts is driving our economy into a death spiral by jackpot justice judgments in which undeserving plaintiffs collect enormous awards given by runaway juries. Drawing upon forty-six years of torts scholarship and teaching, Shapo’s pluralistic theory demonstrates how injury law reflects our culture and our inner life, as well as our aspirations to constrain bullies and the reckless acts that endanger society. In its eleven chapters, this book contends that American injury law has evolved as the functional equivalent of a constitution.

Second, from the AALS mid-year meeting last month is Tort Teaching Lessons from the BP Oil Spill.  The abstract provides:

This article is drawn from my talk on the topic of "How to Teach Disaster as Part of a Torts Curriculum" at the AALS Workshop on Torts, Environment and Disaster from June 8-10, 2012, in Berkeley. This piece draws upon an informal survey I conducted in the spring of 2012 on how torts teachers employed the BP oil spill disaster (and other disasters) in their basic torts course (to illustrate topics such as the economic loss rule, legal causation, damages, and the impact of safety regulations).

--CJR

July 27, 2012 in Books, Conferences, Scholarship, Teaching Torts | Permalink | Comments (0) | TrackBack (0)