Studies in American Tort Law

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Carolina Academic Press, 1999 - Law - 1044 pages
Studies in American Tort Law introduces students to -- but is careful not to overwhelm them with -- law and economics. At appropriate junctures, economic issues are explored, as in connection with the negligence balancing test and the materials on damages, nuisance, and strict liability. The goal is not to view all of tort law through an economic lens, but to employ economic analysis when it is particularly useful. This approach allows professors from the law-and-economics school to use the materials in the text as a starting point for classroom discussions; those who eschew economic analysis can allow the economic commentary to stand on its own.Several features of the book are noteworthy: first, vivid, memorable cases are used as the primary vehicle for teaching torts, but special effort is also made to integrate statutory law into the text. In particular, careful attention is paid to the reflexive process through which judge-made law and legislation influence one another. Second, the significance of liability insurance is highlighted so that students come to appreciate the critical role that insurance plays in the resolution of real cases. Third, ethics notes are included throughout the book for the purpose of sensitizing students to the difficult ethical questions that practicing lawyers face each day. Fourth, the text explorers a number of issues associated with the law and feminism movement that raised questions of social justice of concern to all lawyers.The second edition of Studies in American Tort Law is completely up-to-date. It includes 14 new principal cases, citations to almost 600 new decisions, and a rich selection of materials reflecting the numerous recentlegislative changes to the law of torts. A fully revised second edition of the teacher's manual (Teaching Torts) and student study guide (Mastering Torts) will also be available.

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