TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

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

https://lawprofessors.typepad.com/tortsprof/2016/04/11th-edition-of-epstein-sharkeys-casebook-available.html

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