In Who Gets What?, Feinberg reveals the deep thought that must go into each decision, not to mention the most important question that arises after a tragedy: why compensate at all? The result is a remarkably accessible discussion of the practical and philosophical problems of using money as a way to address wrongs and reflect individual worth.
“We need a new idea of how to govern. The current system is broken. Law is supposed to be a framework for humans to make choices, not the replacement for free choice.” So notes Philip K. Howard in the new Afterword to his explosive manifesto The Death of Common Sense. Here Howard offers nothing less than a fresh, lucid, practical operating system for modern democracy. America is drowning—in law, lawsuits, and nearly endless red tape. Before acting or making a decision, we often abandon our best instincts. We pause, we worry, we equivocate, and then we divert our energy into trying to protect ourselves. Filled with one too many examples of bureaucratic overreach, The Death of Common Sense demonstrates how we—and our country—can at last get back on track.
• Written by expert lecturers who understand your needs with examination requirements in mind
• Covers key cases, legislation and principles clearly and concisely so you can recall information confidently
• Contains easy to use diagrams, definition boxes and work points to help you understand difficult concepts
• Provides self test opportunities throughout for you to check your understanding
• Illustrates how to compile the ideal set of revision notes
• Covers the essential modules of study for undergraduate llb and conversion-to-law GDL/CPE courses
• Additional online revision guidance such as sample essay plans, interactive quizzes and a glossary of legal terms at www.unlockingthelaw.co.uk
Laws of Image tells the story of how Americans came to use the law to protect and manage their images, feelings, and reputations. In this social, cultural, and legal history, Samantha Barbas ties the development of personal image law to the self-consciousness and image-consciousness that has become endemic in our media-saturated culture of celebrity and consumerism, where people see their identities as intertwined with their public images. The laws of image are the expression of a people who have become so publicity-conscious and self-focused that they believe they have a right to control their images—to manage and spin them like actors, politicians, and rock stars.
Topics discussed include economic loss, psychiatric injury, wrongful birth, life and sterilisation cases, products liability, traffic accidents, accidents at work, environmental liability and compensation for personal injuries and death.
This study examines national approaches to the award of such damages and draws comparative conclusions, addressing both the concepts employed in different national systems and, through practical case studies, the quantum of compensation in individual cases.
As a result, the lawsuit issue has moved to the political front burner, and in the past three years, state after state has responded by limiting citizens' rights to sue. Just this year alone, the Republicanled Congress has passed restrictions on class action lawsuits and is steps away from enacting limits on medical malpractice lawsuits.
But is there really a crisis? National data show that the number of civil suits is falling, not rising, and that the average damage award is also going down. Despite intense media hype to the contrary, the number of personal injury lawsuits filed every year has been tumbling for the past decade. Upon closer examination, the stories of ridiculous lawsuits usually turn out to be false or badly misleading. The crisis, in short, appears to be a phantom.
So how do we explain the scary headlines? Who's behind the "tort reform movement," and what are the real goals? Blocking the Courthouse Door will show that the movement against so-called greedy trial lawyers and irresponsible plaintiffs is the result of a concerted and successful campaign by large corporations to get this issue on the table and thus limit their own vulnerability in the civil justice system. They have spent decades, and many millions of dollars, on focus groups and Madison Avenue public relations research. They have funded institutes, sponsored academic research, bankrolled politicians, set up phony "astroturf " grassroots organizations (with chamber of commerce return addresses), and fed copy to all-too-gullible journalists.
For corporations, the self-interest involved is fairly plain. Tobacco companies, no longer able to dodge the bullet of liability for knowingly selling poisons, are making an end run around the civil justice system. If they can't win a class action suit, they'll make suing itself illegal. Insurance companies, drowning in red ink from mismanagement and bad investments in the bond market, hike insurance rates by huge sums and blame malpractice suits. The doctors in turn blame greedy lawyers -- and their own injured patients. And for Republicans, the campaign provides an extra bonus: defunding the Democratic Party. Limits on lawsuits cut into the income of some of the Democratic Party's most generous donors, the trial lawyers, who are often the only source of campaign cash for Democrats in many states.
By exposing some of the dubious characters, corporate chicanery, skewed research, fudged numbers, and bogus journalism that have buttressed the calls for lawsuit reform,Stephanie Mencimer shows who's behind the movement to close the courthouse doors, and how they've successfully persuaded millions of Americans to give up their critical legal rights without fully understanding what they're losing -- often until it's too late.
The torts of negligence, occupiers’ liability and nuisance
Strict liability torts
The torts of trespass to land and trespass to the person
Torts involving goods
Torts affecting reputation
Employment related torts
Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes:
diagrams at the start of chapters to summarise key points
structured headings and numbered points to allow for clear recall of the essential points
charts and tables to break down more complex information
Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success.
Essential and leading cases are explained
The style, layout and explanations are user friendly
Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition
This Practice Guide is integrated with the LexisNexis Total Research System to provide easy access to relevant online resources, including public records, LexisNexis Practice Guide series for Florida, Matthew Bender analytical materials, Florida and national news sources, and more.
The Law of Negligence in Arizona,Third Edition cuts your search for concise, up-to-date information from hours to minutes. Using this indispensable research tool, you'll find the answer to virtually any question raised by Arizona's negligence laws, including exhaustive analysis of such issues as:
• Comparative fault doctrine
• Motor vehicle accidents
• Cases involving animals
• Premises liability
• Wrongful death
• Slip and fall
• Dram shop liability
• Proof of damages
The authors have included the current Recommended Arizona Jury Instructions, (Civil, and Tables of Statutes, Cases, and Rules), to speed research and insure accuracy. Cumulative annual supplements keep the contents current.
This eBook features links to Lexis Advance for further legal research options.
The common law and statutory requirements for each cause of action are examined in detail and the law of other states is referenced where Maine law is lacking or where useful comparisons can be made. The authors discuss the principles underlying tort damages, as well as tort liability.
Maine Tort Law is the ideal place to begin your research and saves you hours of time in the library. A quick review of the appropriate section of this manual will enable you to focus in on the relevant facts and critical issues of your client's case. Whether you are conducting the investigation, preparing your pleadings, drafting interrogatories, or getting ready for trial; this book will get you instantly to the information you need.
This eBook features links to Lexis Advance for further legal research options.
Some cases are too big for small claims court and too small to interest a lawyer. But unlike Small Claims Court, California Superior Court has numerous forms and procedural requirements that you must fulfill. Win Your Lawsuittakes you step by step through the entire process of a limited jurisdiction case in California Superior Court so that you can confidently take on common types of civil court cases worth up to $25,000, including:contract disputes personal injuries property damage cases business disputes
Whether you're bringing the suit or defending against one, this plain-English legal guide shows you how to prepare a complaint, file and serve papers, participate in settlement negotiations, present a case, and much more. The 4th edition has been revised to reflect current court procedures and includes updated forms and clear instructions for filling them out.
Written by Roderic Duncan, a retired California Superior Court judge, this book includes the legal insight and practical tips that only a judge with over 25 years of experience can provide.
Did you know? Nolo has dozens of products created just for California residents. Check out Nolo's list ofCalifornia products.
Learn more about this series at ShortandHappyGuides.com.
• Unfair Competition
• False/Misleading Advertising
• Interference With Economic Relationships
• Trade Secrets
• Commercial Defamation
Other features include checklists, highlighted elements for each cause of action, and extensive forms, including sample complaints.
This indispensable Practice Guide is integrated with the LexisNexis Total Research System to provide easy access to relevant online resources, including public records, Matthew Bender Practice Guide series for California, Matthew Bender analytical materials, California and national news sources, and more.
Matthew Bender Practice Guide: California Unfair Competition and Business Torts provides expert analysis and guidance for total research support on the topic.
Matthew Bender California Practice Guides: The Fresh New Perspective in California Research
Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.
With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.
Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.
In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove that tort law is anything but gender and race neutral. Drawing on an in-depth analysis of case law ranging from the Jim Crow South to the 9/11 Victim Compensation Fund, the authors demonstrate that women and minorities have been under-compensated in tort law and that traditional biases have resurfaced in updated forms to perpetuate patterns of disparate recovery based on race and gender. Grappling with tort theory, the intricacies of legal doctrine and the practical effects of legal rules, The Measure of Injury is a unique treatise on torts that uncovers the public and cultural dimensions of this always-controversial domain of private law.
In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why?
Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.
The fourth edition is fully up to date with the major recent cases including major developments in vicarious liability. It also includes changes after the Defamation Act 2013.
The Unlocking the Law series is designed specifically to make the law accessible. Each chapter opens with a list of aims and objectives, contains activities such as quick quizzes and self-test questions, key facts charts to consolidate your knowledge, and diagrams to aid learning. Cases and judgments are prominently displayed, as are primary source quotations. Summaries help check your understanding of each chapter, there is a glossary of legal terminology. New features include problem questions with guidance on answering, as well as essay questions and answer plans, plus cases and materials exercises. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units.
The series website www.unlockingthelaw.co.uk provides free resources such as multiple choice questions, key questions and answers, revision mp3s and cases and materials exercises.
These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.
In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.
Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.
The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly.
Key features include:
* Diagrams at the start of chapters to summarise the key points
* Structured heading levels to allow for clear recall of the main facts
* Charts and tables to break down more complex information
New to these editions is an improved text design making the books easier to read and the facts easier to retain.
Key Facts books are supported by the website www.UnlockingTheLaw.co.uk where you will find extensive revision materials including MCQs and Key Q&As.
The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored.
The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.
The book is specifically designed to act as an introduction to the legal research skills of reasoning and method. It also looks at the foundations of civil liability in a way that emphasises the interrelationship of source materials, problem solving and conceptual analysis and justification.
Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law.
The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.