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With a focus strongly on invasion of dignitary interests and/or rights, the book stresses the dynamic nature of tort law and its capacity to respond to social change in a variety of ways, and invites students to consider the mechanisms by which this may happen, including interaction with legislation and international conventions. Tomorrow’s Torts aims to: give students an opportunity to explore topics which are not covered in basic Torts courses, such as defamation take an in depth look at important areas like negligence in specific contexts, such as medical malpractice examine emerging torts or novel applications for existing torts, such as in the areas of privacy, sexual injury including harassment and stalking explore toxic torts including tobacco litigation and various pharmaceutical/therapeutic products which have been the subject of mass tort claims or class actions. Students are encouraged to adopt a creative, comparative and critical perspective, and to think about how the law of torts might look in the future, as well as to master the current law. Tomorrow’s Torts is a collection of commentary and materials suitable for use in upper level undergraduate or postgraduate Law courses, drawn from Canada, the UK, New Zealand, USA, Australia and other jurisdictions.
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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. New to the Twelfth Edition: Extensive new treatment of public nuisance cases to address the profound expansion of the once-sleepy area of public nuisance law into the realms of the opioid crisis, toxic torts, and global warming. Major reconsideration of who counts as a seller in the chain of distribution for goods sold online with product liability updates for various forms of e-commerce, such as Amazon’s liability for defective products sold on its site. Updates to incorporate two major new Torts Restatements on Intentional Harms and Liability Insurance. The Reforms of the Michigan No-Fault Legislation Enhanced treatment of privacy in the era of “Big Data” to address trend of large data collectors like Facebook and Google to determine what is reasonable online, incorporating major privacy legislation such as California’s Consumer Privacy Act and the European GDPR (General Data Protection Regulation). Expansion of materials that address race and gender disparities in the setting of damages awards; and, in the realm of punitive damages innovative remedies directing some portion of the award to public interest groups. Professors and students will benefit from: Clear organizational framework of the book. Important lines of cases that help understand legal reasoning and the evolution of precedent Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law Ability to pick and choose modules of interest – such as defamation, privacy, and economic harms – which are of increasing importance in real world of tort litigation. Extensive notes with topic headlines that elaborate basic concepts and extend into the most complex contemporary issues facing courts. Great attention given to cutting edge tort developments.
Business Torts: A Fifty State Guide, 2022 Edition provides the most recent statutory and case law developments on business torts laws for each of the fifty states and the District of Columbia. Practitioner-oriented, and written by leading state experts, each chapter summarizes the variants and developments particular to a specific state jurisdiction. You will find detailed coverage of each state's standards regarding: misappropriation of trade secrets; tortious interference with contracts; fraud and misrepresentation; trade libel and commercial disparagement; breach of fiduciary duty; officers and directors liability; conversion; unfair competition, fraudulent transfer; economic loss; and statutes of limitation. The 2022 Edition incorporates recent changes in the law of the various states, including: The South Carolina Supreme Court held that plaintiffs are no longer required to plead special damages for civil conspiracy claims. The Maine Legislature passed a new law restricting an Employer's use of non-compete agreements and subjecting violations of this new law to a $5,000 fine. The Iowa Supreme Court refused to recognize that a pastor owes a fiduciary duty to a plaintiff, as the Court would have to refer to church doctrines and practices in making that assessment, which the Court held was beyond their authority. The 6th Circuit Court of Appeals held that the Uniform Voidable Transactions Act, as adopted in part by Michigan, allows a creditor to void a fraudulent disposal of property belonging to a person who is liable on a claim. State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.