TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Thursday, October 14, 2021

Peltz-Steele's Casebook

Richard Peltz-Steele has posted his casebook, Tortz:  A Study of American Tort Law, to SSRN.  The abstract provides:

This textbook represents a survey study of American tort law suitable to American 1L students and foreign law students. When complete, chapters will cover: (1) introduction, (2) intentional torts, (3) defenses to intentional torts, (4) negligence, (5) defenses to negligence, (6) subjective standards, (7) strict liability, (8) necessity, (9) damages, (10) res ipsa loquitur, (11) multiple liabilities, (12) attenuated duty and causation (scope of liability), (13) affirmative duty, (14) nuisance, (15) media torts, (16) business torts, (17) worker compensation, and (18) government liability and "constitutional tort." This pedagogy is built on the teachings of Professor Marshall S. Shapo. Chapters will be added as they are completed, anticipating the full work by the end of 2022.

October 14, 2021 in Books, Scholarship, Teaching Torts | Permalink | Comments (0)

Wednesday, September 22, 2021

Florida Seeks Torts Visitor for Spring 2022

The University of Florida Levin College of Law is currently seeking applications for a visiting faculty position for the Spring 2022 semester to teach either Torts (4 credits) in the first-year required curriculum or Remedies (3 credits) in the upper-level curriculum, as well as a second course in an elective subject of the visitor’s interest. The University of Florida, located in Gainesville, FL, is currently the fifth-best public research institution in the nation and the flagship university of the third-largest state.

Application materials should include a cover letter, a resume with at least three references, and recent course evaluations, if available. Materials may be uploaded at http://jobs.ufl.edu.

For further information, applicants may contact Associate Dean Amy Stein at stein@law.ufl.edu. Review of applications will begin immediately. The Levin College of Law fosters a diverse and inclusive environment for faculty, staff, and students, and we welcome applications from candidates with diverse backgrounds and perspectives.   

The University of Florida is committed to non-discrimination with respect to race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, age, marital status, political opinions or affiliations, genetic information, disability, and veteran status in all aspects of employment.

September 22, 2021 in Teaching Torts | Permalink | Comments (0)

Monday, August 23, 2021

Abrams Receives 2021 Blackboard Catalyst Award for Teaching and Learning

University of Louisville TortsProf Jamie Abrams's work (along with that of Valerie Harris and Marija Sasek) designing a medical malpractice expert witness deposition simulation for law and dental students has resulted in the 2021 Blackboard Catalyst Award for Teaching and Learning.  Abrams based the simulation on the principles in her West Academic book, Tort Law Simulations:  Bridge to Practice.  UL News has the story.

August 23, 2021 in Teaching Torts, TortsProfs | Permalink | Comments (0)

Monday, March 1, 2021

Torts Visit at Wyoming

From Mike Duff:  “I just wanted to alert everyone that the University of Wyoming College of Law is interested in exploring the possibility of a visitor for Fall 2021, to teach its first year torts course along with one other course.  If you are interested in exploring this possibility (and Laramie in the fall is quite nice), please contact either Michael Duff (Michael.Duff@uwyo.edu) or Sam Kalen (skalent@uwyo.edu).” 

March 1, 2021 in Teaching Torts | Permalink | Comments (0)

Monday, January 18, 2021

A Tort Theory Reading List for Students

Several students in my Torts class have requested a reading list on tort theory.  What should be part of a basic tort theory reading package for students?  At a minimum, I think it should cover individualized justice, deterrence, compensation/loss-spreading, and pluralist theories.  I seek your collective wisdom.  Don't be shy about recommending your own work.

January 18, 2021 in Teaching Torts | Permalink | Comments (1)

Tuesday, April 14, 2020

Wriggins on Teaching Torts with a Focus on Race and Racism

I missed this post from February.  Jenny Wriggins posted about teaching Torts and race at the Race and the Law Prof Blog.  Her conclusion:

Racism is becoming stronger in the U.S., despite the long struggles for racial justice in the U.S. and despite the fact that it is so deeply wrong.  Our country has not completely addressed the history of race and racism in law.  And this definitely is true in the teaching of tort law.  Now is the time to make a serious start on this essential project. 

April 14, 2020 in Teaching Torts, Weblogs | Permalink | Comments (0)

Tuesday, February 11, 2020

Epstein & Sharkey 12th Edition Available Soon

Cases and Materials on Torts, Twelfth Edition by Richard A. Epstein and Catherine M. Sharkey will be available soon. Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversies in such fast-moving areas like public nuisance, global warming, and product liability, with new litigation against internet providers. Toward these dual ends, Richard A. Epstein and Catherine M. Sharkey have retained in the Twelfth Edition the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. Our book also provides a rich exploration of the dominant corrective justice and law-and-economics approaches to tort law, as exemplified both in the retained and new cases and materials.

Book Information:

Cases and Materials on Torts, Twelfth Edition

Richard A. Epstein, New York University Law School

Catherine M. Sharkey, New York University Law School

Pages: 1,328

ISBN: 9781543804454

Part of the Connected Casebook Program

Visit wklegaledu.com/Epstein-Torts12 to view more information

To access teaching materials for this title, you will need a validated professor account on WKLegaledu.com. If you do not yet have a validated professor account, you may register at WKLegaledu.com/my-account/register. Account validation may take 1-2 business days. Once validated, you may log into your account using your own personal login, go to the product page for this title or any Wolters Kluwer title, and scroll down to access the Professor Resources once they have been made available on the site.

 

 

February 11, 2020 in Books, Teaching Torts | Permalink | Comments (0)

Saturday, November 16, 2019

Institute for Law Teaching and Learning—Summer 2020 Conference

Effective Instruction in Online and Hybrid Legal Education

June 11—13, 2020

University of Arkansas at Little Rock William H. Bowen School of Law

Little Rock, Arkansas

 

Conference Theme:  The future of legal education has arrived, with more and more law schools moving toward teaching part or all of their J.D. program online.  During this conference, we will explore how law professors can design and implement methods for teaching effectively in online environments, including both synchronous and asynchronous formats.  After an opening plenary examining data regarding the effectiveness of online education, the subsequent plenaries and concurrent workshops will address the following topics in the context of online and hybrid courses and programs:  course and program design, assessment of student learning, active learning and student engagement, teaching methods, providing feedback, and collaborative learning.

 

Conference Structure:  The conference will consist of three plenary sessions and a series of concurrent workshops that will take place on Thursday, June 11; Friday, June 12; and the morning of Saturday, June 13.  The conference will open with an informal reception on the evening of Wednesday, June 10.  Details about the conference will be available on the website of the Institute for Law Teaching and Learning, www.lawteaching.org

 

Registration Information:  The conference fee for participants is $285, which includes materials, meals during the conference (three breakfasts and three lunches), and the welcome reception on Wednesday, June 10.  The conference fee for presenters is $185.  Details regarding the registration process will be provided in future announcements.

November 16, 2019 in Teaching Torts | Permalink | Comments (0)

Tuesday, August 27, 2019

Products Liability Visitor Wanted at the University of Kentucky for Spring 2020

The University of Kentucky is seeking a visitor for spring 2020.  One of the courses is Products Liability and the other is to be decided.  If interested, please contact Associate Dean Doug Michael at michaeld@uky.edu.

August 27, 2019 in Teaching Torts | Permalink | Comments (0)

Friday, January 25, 2019

Case Update: Perry v S.N. and S.N.

For those of you teaching the Prosser, Wade, and Schwartz casebook:  This is about the time of year I cover Perry v. S.N. and S.N., a Supreme Court of Texas case from 1998.  The case focuses on negligence per se/implied right of action regarding a failure to report the alleged child sexual abuse committed by day care owners.  Those day care owners, Fran and Dan Keller, were declared "actually innocent" by the state of Texas in August 2017 and awarded $3.4 million in damages.  This isn't breaking news, but I just learned it (thanks to Shannon Smith in my 1L Torts class), and I thought some of you might not know either.  The article from Jezebel is here.

January 25, 2019 in Teaching Torts | Permalink | Comments (0)

Monday, November 5, 2018

FL: Patient Goes in for Back Surgery; Kidney Removed

Having just covered the "wrong ear" case for informed consent, this ripped-from-the-headlines case would do nicely to illustrate the distinction between medical negligence and informed consent.  Both are potentially here in this fact pattern.  The patient went into surgery to fuse together a couple of vertebrae.  The surgeon allegedly noticed a mass in the patient's pelvis.  Believing it to be cancerous, the surgeon cut it out.  It was the patient's kidney.  The Washington Post has the story.

November 5, 2018 in Current Affairs, Teaching Torts | Permalink | Comments (0)

Wednesday, April 4, 2018

Using "Torts Stories" as the Basis for an Advanced Torts Seminar

Teresa Bruce, at the University of Colorado Law School, is teaching an advanced torts seminar, based on Torts Stories by Foundation Press, for the first time. The book discusses several highly celebrated torts cases, including United States v. Carroll Towing Co., Rowland v. Christian, and Tarasoff v. Regents of the University of California. Each chapter is individually authored by a prominent torts professor. The book does not come with a teacher’s manual, and Foundation Press has confirmed that it does not have any supplemental materials for the book. Consequently, Teresa has been making up her own questions for each chapter—a time-consuming process. She gives these questions to her students in advance of class, to focus the discussion. She is wondering whether any blog readers have already created a list of questions for the chapters in this book and, if so, whether they would be willing to share their work. (Note that she is looking for something customized to the commentaries in Torts Stories, so borrowing from questions that appear in traditional casebooks would not be entirely effective.) She, herself, has drafted questions for some chapters, and is happy to share them with anyone who might be interested. Teresa can be reached at teresa.bruce@colorado.edu.  

April 4, 2018 in Teaching Torts | Permalink | Comments (0)

Tuesday, July 25, 2017

Popper's Materials on Tort Reform (2nd ed.)

Announcement: Publication of Materials on Tort Reform, 2nd Edition (2017) by Andrew F. Popper, Bronfman Professor of Law, American University, Washington College of Law

 

Early in July, West Publishing released Materials on Tort Reform, 2nd Edition (2017) by Andrew F. Popper.  The goal for this edition is very much the same as it was for the First Edition: a supplemental text for torts classes that provides essays, articles, cases, and other materials allowing for consideration of all sides of the tort reform debate.  In the quest to cut the Gordian knot of tort reform, the hope is to provide all points of view in an accessible and compelling manner. 

While tort law has not changed dramatically since this book was first published, the tort reform debate has shifted. In the period preceding the first edition, tort reform was a battle over substantive tort law, joint and several liability, admissibility of certain evidence—in other words, issues pertaining directly to accountability and liability.  Typical tort reform proposals involved limitations on non-economic loss, standards for punitive damages, changes in the definition of design defect, the government standards and state of the art defense, and more.

For the last seven years, while the above topics remain in play, focus has broadened to include fundamental procedural mechanisms that affect, enhance, or limit access to courts. In addition, there has been an undeniable push to move tort cases away from state courts and into federal court.  Broadly speaking, those fighting for these changes contend that tort law, as currently practiced, produces uncertain and unfair results.

Those opposing these changes assert that injured people are entitled to access to justice in their own states, before judges from their own states, with basic decisions made by a jury of their peers at a local level, i.e., federalism. Broadly, they assert that this is a struggle to preserve the rights of injured consumers to a fair and just legal system. What is at risk, they contend, is a level playing field where damages imposed on those who produce dangerous products or provide inappropriate professional services are sufficient to make whole those harmed and deter others from similar misconduct.

Both positions have multiple glimmers of legitimacy, a fact that seems obvious to all except those involved in the fight.

Through commentary, essays on both sides of the battle, articles, interest group papers, and cases, this text is designed to help students comprehend this 40-year struggle. Does the tort system yield inefficient and counter-productive results (e.g., a less competitive market and higher prices), or is it that prized legal regime its supporters contend, preserving fragile rights of injured consumers? 

July 25, 2017 in Books, Teaching Torts | Permalink | Comments (0)

Tuesday, March 21, 2017

Idaho Seeks Entry-Level Torts Professor

 
The University of Idaho College of Law is conducting an off market search for Torts, Advanced Torts, Professional Responsibility, and a fourth course to be negotiated with the Dean. We anticipate this position will be in Boise, as opposed to the main law school campus in Moscow. The law school’s location in Boise currently only offers second and third year law students. However, the law school has received ABA provisional accreditation for first year classes in Boise beginning in the fall of 2017.
 
Members of this search committee include Monique Lillard, David Pimentel (chair), and Shaakirrah R. Sanders . Please feel free to ask us any questions that you may have. Also, please feel free to pass this message along to anyone that you think may be interested or qualified.
 
You can view the posting here: https://uidaho.peopleadmin.com/postings/17163. 

March 21, 2017 in Teaching Torts | Permalink | Comments (0)

Monday, March 20, 2017

AALS Torts Section Mentoring Program

The AALS Torts & Compensation Systems Section announces its new mentoring program.  The Torts Section may be able to help if you are a professor who:

  • is starting a career in torts or shifting to torts from another subject area, and
  • lacks a torts colleague to discuss scholarship and teaching.

The Executive Committee and the Section at large have numerous professors happy to work with you.  The goal is to match mentors and mentees based on specific areas of interest.  To start the process, please contact the Chair of the Torts Section, currently Chris Robinette (cjrobinette@widener.edu or 717-541-3993).

March 20, 2017 in Scholarship, Teaching Torts, TortsProfs | Permalink | Comments (1)

Friday, December 2, 2016

More on Products Liability as a Capstone Course

This summer I taught Products Liability, and I mused that it was a terrific capstone course.  I received more evidence of this yesterday.  One of the students in that course is graduating early this month.  In  a reception for our December graduates, unprompted by me, he told me that Products was a great course to take right before preparing for the bar exam.  He cited the review of tort and contract principles.  

December 2, 2016 in Products Liability, Teaching Torts | Permalink | Comments (0)

Thursday, November 24, 2016

Compliance with ABA Standard 314: Formative Assessment in Large Classes

Institute for Law Teaching & Learning and Emory University School of Law

Spring Conference 2017 

“Compliance with ABA Standard 314: Formative Assessment in Large Classes” is a one-day conference for law teachers and administrators who want to learn how to design, implement, and evaluate formative assessment plans.  The conference will be interactive workshops during which attendees will learn about formative assessment techniques from games to crafting multiple choice questions to team-based learning.  Participants will also learn ways to coordinate assessment across the curriculum.   The conference workshop sessions will take place on Saturday, March 25, 2017, at Emory University School of Law.

Conference Content:  Sessions will address the following topics:

Why Assess: Empirical Data on How it Helps Students Learn

Games as Formative Assessments in the Classroom

Formative Assessment with Team-Based Learning

Creating Multiple Choice Questions and Ways to Using Them as Formative Assessment

Coordinating Formative Assessment Across the Curriculum

Conference Faculty:  Workshops will be taught by experienced faculty: Andrea Curcio (GSU Law), Lindsey Gustafson (UALR Bowen), Michael Hunter-Schwartz (UALR Bowen), Heidi Holland (Gonzaga) and Sandra Simpson (Gonzaga)

Who Should Attend:  This conference is for all law faculty and administrators.  By the end of the conference, attendees will have concrete and practical knowledge about formative assessment and complying with Standard 314 to take back to their colleagues and institutions.

Registration Information:  The registration fee is $225 for the first registrant from each law school.  We are offering a discounted fee of $200 for each subsequent registrant from the same school, so that schools may be able to send multiple attendees.  Registration is here: https://emorylaw.wufoo.com/forms/institute-for-law-teaching-learning-conference/

Accommodations:  A block of hotel rooms for conference attendees has been reserved at the Emory Conference Center Hotel for $159/night; at the Courtyard by Marriott in downtown, Decatur for $99/night; and at the Decatur Holiday Inn for $159/night.  Reservation phone numbers are : Emory Conference Center Hotel: 1-800-933-6679; Courtyard by Marriott Downtown Decatur:  www.marriott.com or 1-404-371-0204; Holiday Inn Hotel Decatur 1-888-HOLIDAY.

November 24, 2016 in Conferences, Teaching Torts | Permalink | Comments (0)

Friday, July 22, 2016

Teaching Single Versus Dual Intent

I had an inquiry about teaching single and dual intent for battery and I want to appeal for your collective wisdom.  About the time I started teaching there was a robust list-serv discussion on this topic that I found helpful.  Given that the ALI is working on the Restatement of Intentional Torts right now, many of you may have thought about this recently.  I take the inquiry to be more about pedagogy than doctrine, but all tips are welcome.  How do you teach single versus dual intent?  How do you integrate it with purpose and substantial certainty?  Do you recommend any good sources for students?  Thanks!

July 22, 2016 in Teaching Torts | Permalink | Comments (4)

Tuesday, July 12, 2016

Products Liability as a Capstone Course

As I wrote last month, I am teaching Products Liability this summer.  It has been over 4 years since I last taught it; the last time through, the course was a 2-credit, paper course.  I am now teaching a 3-credit, exam course.

Perhaps I wasn't thinking in these terms in 2012, but I am struck this time through by how well Products could serve as a capstone course, roughly understood as a culminating course that integrates multiple subject areas.  Obviously, Products is heavily tort-oriented.  One of the common causes of action for an injury by product is negligence, and that is covered (again), including duty, breach, causation, damages, and defenses.  Of course, the sales concept of warranty is thoroughly covered.  But there is more.  A lot of evidence concepts are reviewed, such as Daubert, subsequent remedial measures, admissibility for injuries in the same or similar circumstances, and the burden of proof.  Administrative law is covered because of the regulations passed by agencies and their effect on private litigation (including preemption, which has a connection to constitutional law).  Civil procedure is also touched upon in the form of statutes of limitations, statutes of repose, and the discovery rule. 

As a whole, the course requires students to connect areas of practice to one another, which I think is extremely beneficial.  That is, of course, how they will function in practice.  The course also reviews a number of concepts they will soon face on the bar, including the specific MBE questions about products liability, often given little to no attention in the basic Torts course due to time constraints.     

July 12, 2016 in Teaching Torts | Permalink | Comments (2)

Friday, May 6, 2016

Institute for Law Teaching and Learning Summer Conference

...will be held June 9-11 at Washburn.  The schedule and registration are here.

May 6, 2016 in Conferences, Teaching Torts | Permalink | Comments (0)