TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, August 26, 2016

Two from Hart Publishing

Hart Publishing has published James Edelman and Elise Bant's Unjust Enrichment.  From the blurb:

Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.

For a 20% discount, download this flyer:  Download Edelman_Bant

Hart has also published Alan Beever's A Theory of Tort Liability.  From the blurb:

This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.

For a 20% discount, download this flyer:  Download Beever

August 26, 2016 in Books, Scholarship | Permalink | Comments (0)

Friday, July 8, 2016

Varuhas: Damages and Human Rights

Hart Publishing announces a new book by Jason Varuhas, Damages and Human Rights.  The blurb provides:

Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts.The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration.

A flyer with more information, and a discount, is here:  Download Varuhas

July 8, 2016 in Books | Permalink | Comments (0)

Monday, May 9, 2016

Shapo: The Experimental Society

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.

May 9, 2016 in Books | Permalink | Comments (0)

Tuesday, April 26, 2016

JOTWELL Torts: Engstrom on Radin on Boilerplate

Over at JOTWELL, Nora Engstrom reviews Margaret Jane Radin's Boilerplate:  The Fine Print, Vanishing Rights, and the Rule of Law.

April 26, 2016 in Books, Scholarship, Weblogs | Permalink | Comments (0)

Friday, April 15, 2016

11th Edition of Epstein & Sharkey's Casebook Available

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, richard.epstein@nyu.edu

Catherine Sharkey, catherine.sharkey@nyu.edu

April 15, 2016 in Books, Teaching Torts | Permalink | Comments (0)

Friday, April 8, 2016

Ripstein: Private Wrongs

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.

April 8, 2016 in Books, Scholarship | Permalink | Comments (0)

Thursday, March 31, 2016

Fourth Edition of Goldberg, Sebok, & Zipursky's Casebook Available

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.

Should you have questions about the book, please feel free to reach out to one of us. We’d be delighted to hear from you at: jgoldberg@law.harvard.edu, sebok@yu.edu, and bzipursky@law.fordham.edu.

March 31, 2016 in Books, Teaching Torts | Permalink | Comments (0)

Wednesday, March 23, 2016

OT: Franze's The Advocate's Daughter

For anyone who wants an escape from the drama of the real Supreme Court confirmation battle, Anthony Franze, a counsel in Arnold & Porter’s Appellate & Supreme Court practice, has a new novel, The Advocate’s Daughter (St. Martin’s Press), which comes out today.  It’s already gotten some strong reviews: http://anthonyfranzebooks.com/books/the-advocates-daughter/praise/
It’s in bookstores nationwide, but also on Amazon:  http://amzn.com/1250071658

March 23, 2016 in Books | Permalink | Comments (0)

Thursday, February 11, 2016

"Defences in Unjust Enrichment"

Hart Publishing is delighted to announce the publication of
‘Defences in Unjust Enrichment’
edited by Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith
 
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
 
Defences in Unjust Enrichment
Critical and Comparative Essays
Edited byndrew Dyson, James Goudkamp
and Frederick Wilmot-Smith
 
This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.
 
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 and an Associate Professor in the Oxford Law Faculty.
Fred Wilmot-Smith is a Prize Fellow at All Souls College, Oxford and Lecturer in Law at Balliol College.
                                                                                                                                                                                                               
 
BOOK DETAILS
January 2016   360pp   Hbk   9781849467254  RSP: £75
Discount Price: £60
 
If you would like to place an order you can do so through the Hart Publishing website 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, Macmillan Distribution Limited, by telephone or e-mail and quote reference CV7 when placing your order.
 
Macmillan Distribution (MDL), Brunel Road, Houndmills, Basingstoke, RG21 6XS, UK
 
UK ORDERS: Tel: +44 (0)1256 302692    Fax: +44 (0)1256 812521 / 812558      E-mail: direct@macmillan.co.uk
 
EU AND ROW ORDERS: Tel: +44 (0)1256 329242    Fax: +44 (0)1256 842084    E-mail: export@macmillan.co.uk

February 11, 2016 in Books | Permalink | Comments (0)

Wednesday, February 3, 2016

Kaye's Law of Torts Webby Book

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/

February 3, 2016 in Books, Teaching Torts | Permalink | Comments (0)

Friday, December 11, 2015

The Warnings Compendium

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.

December 11, 2015 in Books, Products Liability | Permalink | Comments (0)

Thursday, December 10, 2015

Hart Publishes Hepple and Matthews' Tort Law

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.

BOOK DETAILS

November 2015   9781849465557   1248pp    Hbk    RSP: £43.99

20% Discount Price: £35.19

 Order Online

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’.

http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849465557

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: orders@isbs.com

December 10, 2015 in Books, Teaching Torts | Permalink | Comments (0)

Friday, October 9, 2015

McBride on "The Humanity of Private Law"

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.

October 9, 2015 in Books, Scholarship | Permalink | Comments (0)

Wednesday, July 15, 2015

CCR Interview with Valerie Hans

Corporate Crime Reporter has an interview with Cornell tortsprof Valerie Hans, who discusses the book she and Jennifer Robbennolt are writing, The Psychology of Tort Law.  A sample:

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.”

July 15, 2015 in Books, Science | Permalink | Comments (0)

Monday, July 6, 2015

Summer Program in Venice

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.     

July 6, 2015 in Books, Teaching Torts, Travel | Permalink | Comments (0)

Thursday, May 28, 2015

OT: Davidson Publishes "Virginia Dawning"

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.

Order here.

May 28, 2015 in Books | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 27, 2015

OT: Martin Clark's "Jezebel Remedy" Available for Pre-Order

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.

Order here.

May 27, 2015 in Books | Permalink | Comments (0) | TrackBack (0)

Saturday, February 21, 2015

Defences in Tort by Dyson, Goudkamp, & Wilmot-Smith

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.

The Editors

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.

Book Details

February 2015    452pp   Hbk   9781849465267    RSP: £75 / US $150

20% DISCOUNT PRICE: £60 / US$120

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=9781849465267

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=9781849465267

February 21, 2015 in Books | Permalink | Comments (0) | TrackBack (0)

Friday, February 20, 2015

Barnes & Burke on How Policy Shapes Politics Regarding Compensation

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.  

 
Litigation, by dividing social interests into victims and villains, winners and losers, generates a fractious, chaotic politics in which even seeming allies-business and professional groups on one side, injured victims on the other-can become divided amongst themselves. By contrast, social insurance programs that compensate for injury bring social interests together, narrowing the scope of conflict and over time producing a more technocratic politics. 

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.

February 20, 2015 in Books, Scholarship | Permalink | Comments (0) | TrackBack (0)

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)