tort wars

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Tort Wars

Author : Joel Levin
ISBN : 0521721733
Genre : Law
File Size : 51. 91 MB
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Tort Wars brings together the diverse and usually insufficiently related strands of tort law and treats the moral, economic, and systemic problems running through those strands with a single analysis and theory. In that tort law employs theory at all, it is typically theory measured against notions of corrective justice or appeals to utility. Both have severe prescriptive restrictions and limited explanatory power and often stray from any useful description of tort cases in the courts. Tort Wars looks at the nature of dispute resolution techniques, criticizes the blasé justice and more esoteric utility theory, and examines the problems of both the legal academy and the veracity vacuum in the courtroom. Further, it explores the conceptual differences between tort and contract, locating contract as a subset of tort. It uses examples drawn from the edges of tort law in an attempt to measure central cases by the marginal ones and to provide a barometer of emerging legal and social change, achieved through imposing an individualized peace.

Culture Wars

Author : Roger Chapman
ISBN : 9781317473510
Genre : Business & Economics
File Size : 41. 16 MB
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The term "culture wars" refers to the political and sociological polarisation that has characterised American society the past several decades. This new edition provides an enlightening and comprehensive A-to-Z ready reference, now with supporting primary documents, on major topics of contemporary importance for students, teachers, and the general reader. It aims to promote understanding and clarification on pertinent topics that too often are not adequately explained or discussed in a balanced context. With approximately 640 entries plus more than 120 primary documents supporting both sides of key issues, this is a unique and defining work, indispensable to informed discussions of the most timely and critical issues facing America today.

Constitutional Torts And The War On Terror

Author : James E. Pfander
ISBN : 9780190495282
Genre :
File Size : 28. 89 MB
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Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined. Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence. The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy.

Tort Law

Author : John C.P. Goldberg
ISBN : 9781454876175
Genre : Law
File Size : 47. 15 MB
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The Fourth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of the draft provisions of the Third Restatement of Torts concerning intentional torts. The book also contains new Check Your Understanding, Big Thing and Did You Know? text boxes along with a new user-friendly page layout. Thoroughly updated, the revised Fourth Edition includes: The book contains new Check Your Understanding, Big Think and Did you Know? text boxes that enable students to engage in self-assessment as they proceed through class The book has also been updated to reflect the very latest developments in tort law including discussions of the draft provisions of the Third Restatement of Torts concerning intentional torts Chapter 4 has been substantially revised to provide enhanced treatment of actual causation issues, including toxic torts New, user-friendly page layout features helpful photographs, illustrations, and original charts

In Defense Of Tort Law

Author : Thomas Koenig
ISBN : 9780814747575
Genre : Law
File Size : 43. 28 MB
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A people's writings can play a dramatic role in nation building, as the development of modern Hebrew literature powerfully illustrates. Since the end of the nineteenth century, Hebrew writers in Europe and Palestine/Israel have produced texts and consolidated moments in the shaping of national identity. Yet, this process has not always been a unified and continuous one. The processes of canon formation and the suppression of heterodox discourses have been played out publicly and vociferously. Producing the Modern Hebrew Canon offers a sweeping view of the entirety of modern Hebrew literature, from Berdichevski and Agnon to Shammas and Habiby, shedding light on the moments of rupture and reversal which have undermined efforts to construct a hegemonic Zionist narrative. It provides a model for understanding the relations between minority and majority voices in postcolonial situations, showing these processes working and changing over time, from the earliest days of the creation of a labor Zionist sensibility for literature to Israeli state culture and the discourses of Arab otherness. By illuminating both the process of canon formation as well as the voices excluded from the canon, Producing the Modern Hebrew Canon offers a powerful alternative reading of twentieth century Hebrew fiction.

Toxic Tort Litigation

Author : D. Alan Rudlin
ISBN : 1590317343
Genre : Law
File Size : 87. 70 MB
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Trying a toxic tort case is unlike other high-stakes litigation. This guide explores the legal elements that distinguish toxic tort litigation, explaining theories of liability and damages as well as procedural and substantive defenses. Chapters cover scientific and medical evidence, causation, trial management and strategy, settlement, and specialized litigation, including mold, lead, asbestos, silica, food products, pharmaceuticals, and MTBE.

A History Of Tort Law 1900 1950

Author : Paul Mitchell
ISBN : 9780521768610
Genre : Law
File Size : 23. 59 MB
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The first historical treatment of tort law in England during a formative period of its development.

Tort Law

Author : Keith N. Hylton
ISBN : 9781316598498
Genre : Law
File Size : 41. 75 MB
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Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.

A Dictionary Of Law

Author : Jonathan Law
ISBN : 9780199664924
Genre : Law
File Size : 30. 85 MB
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This best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information. It contains over 4,700 entries that clearly define the major terms, concepts, processes, and the organization of the English legal system. Entries have been fully updated for this edition to incorporate the latest legislation, including entries on foreign national offenders, Police and Crime Commissioners, corporate manslaughter, and settlement agreements, and there is a useful Writing and Citation Guide that specifically addresses problems and established conventions for writing legal essays and reports. Now providing more information than ever before, this edition features recommended web links for many entries, which are accessed and kept up to date via the Dictionary of Law companion website. Described by leading university lecturers as, "the best law dictionary" and, "excellent for non-law students as well as law undergraduates", this classic dictionary is an invaluable source of legal reference for professionals, students, and anyone else needing succinct clarification of legal terms. Focusing primarily on English law, it also provides a one-stop source of information for any of the many countries that base their legal system on English law.

Let Them Eat Prozac

Author : David Healy
ISBN : 9780814736975
Genre : Business & Economics
File Size : 42. 57 MB
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Ground-breaking work on the dangers of anti-depressants and why the FDA continues to approve them. Lots of anecdotes, well-written, author will be on tour in the U.S. Good media lining up, very controversial author.

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