Drawing insight from a diverse array of sources — including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies — Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, “regulate from nowhere.” As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we can afford.

Regulating from Nowhere: Environmental Law and the Search for Objectivity

Kysar, Douglas A.

Environmental & Natural Resources Law

Yale University Press

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes portability, meaningful feedback, and greater efficiency. The Torts Process skillfully employs a problem approach that challenges students understanding by exploring both theoretical and real-life situations. The clear, balanced presentation enables students to comprehend the overarching structure and organization of Tort law. The Eighth Edition has thoroughly reviewed and updated cases and secondary sources, with recent and compelling cases substituted throughout. The text now incorporates the finalized Restatement (Third) of Torts: Liability for Physical and Emotional Harm. Expanded coverage of Tort theory includes "corrective justice" and the related "civil recourse" school of thought, complementing the law and economic theory perspective that has been a feature of the book since its inception. Notes on legal ethics and law and economics are completely revised. Problems have been refreshed and many new problems have been added. New material on Global Dimensions of Tort Law in Chapter 15 reflects the fact that the Supreme Court may determine that companies whose gas emissions contribute to climate change may be held liable under the federal common law of public nuisance. New Supreme Court cases have been added in the areas of preemption and punitive damages, for example Snyder v. Phelps, concerning constitutional limitations on intentional infliction of emotional distress liability. In addition, the Eighth Edition discusses the BP Oil Spill Fund in the chapter on alternative compensation mechanisms. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples &amp; Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

The Torts Process, 8th Edition (Aspen Casebook)

Pearson, Richard N.

Henderson, James A., Jr.

Business

Wolters Kluwer/Law & Business

Products Liability: Problems and Process offers a problem-based approach that balances doctrine with in-depth exercises that prompt students to apply the law in realistic fact scenarios. Rules and comments from the Restatement (Third) of Torts: Products Liability for which two of the authors, James Henderson and Aaron Twerski, have served as co-reporters are fully integrated throughout the text. Brief dialogs among the three authors present a range of perspectives on controversial issues within the field to help stimulate reflection and discussion. The book concludes with a chapter on products liability in a global context.

Products Liability: Problems and Process (Aspen Casebook)

Twerski, Aaron D.

Legal Education

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes portability, meaningful feedback, and greater efficiency. The Torts Process, Ninth Editionuses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory. Comprehensive updating and expansion throughout of the casebook s Law and Behavior notes which summarize social scientific and empirical research on human behavior, legaldecisionmaking, and the tort system. Key Features: <ul>
<li>Expanded substantive coverage on numerous topics (e.g., market share liability, governmental immunity, insurance, and alternative compensation mechanisms).</li> <li>Revisions reflect contemporary concerns and challenges, such as incorporating a new problem on campus sexual assault and competing consent standards; enhancing an existing problem to raise issues concerning racial profiling/prejudice in the context of terrorist acts by Islamic extremists; and substantial updating of the intentional tort chapter to reflect debates concerning police conduct, race relations, and the psychology of prejudice.</li> <li>New lead cases offer compelling teaching opportunities on a variety of topics, including: <ul>
<li>The role of duty in tort doctrine</li> <li>The connection between actual and proximate causation</li> <li>The role of trespass and nuisance causes of action in the context of pollution</li> <li>Strict liability for abnormally dangerous activities</li> <li>The role of consumer expectations in design defect litigation</li> <li>Warning defect liability</li> <li>The collateral source role</li> <li>Interpretation of allegedly defamatory statements</li> <li>The actual malice standard for defamation</li> <li>Commercial appropriation, In re NCAAStudent AthleteName &amp; Likeness LicensingLitig.</li> <li>Financial misrepresentation</li> <li>Tortiousinterference with prospective business relations</li> <li>The viability of Alien Tort Statute claimspost-Kiobel</li> </ul>
</li> </ul>
CasebookConnectfeatures: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions fromExamples &amp; Explanations,Emanuel Law Outlines,Emanuel Law in a Flashflashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

The Torts Process (Aspen Casebook)

Aspen Opco Llc

Products Liability: Problems and Process (Aspen Casebook Series)

Henderson, James A.

Aspen Publishing

Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Process has for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts. The Torts Process uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory New to the Tenth Edition: <ul> <li>Overhaul of section on economic loss rule, including new lead case, Southern California Gas Leak Cases, and references to Third Restatement (Torts): Liability for Economic Harm.</li> <li>A new section in Chapter 8 on Damages in Context, which includes the case B. B. v. County of Los Angeles, which exposes a divide among the justices regarding the degree to which tort law should be situated within a larger legal and social context, one that includes the urgent and troubling intersection of race, policing, and violence in America.</li> <li>A new section in Chapter 4 on Statutory Immunities, which provides information on statutes that provide immunity from tort liability to particular industries or activities.</li> <li>New discussion of sexual harassment claims under intentional infliction of emotional distress and federal antidiscrimination statutes.</li> <li>Significant revamping of Chapter 5's treatment of public nuisance doctrine in light of increasingly prominent use in contexts such as the opioid epidemic and climate change.</li> <li>Three new lead cases in Chapter 7 reflecting developments in the law of products liability, as well as a new section exploring caselaw on Amazon.com's treatment as a product seller.</li> <li>Additional new lead cases throughout the Tenth Edition offer compelling teaching opportunities on a variety of topics, including: <ul> <li>Bassett v. Lamantia (public-duty doctrine)</li> <li>Warren v. Dinter (medical malpractice)</li> <li>Gomez v. Crookham Co. (worker's compensation benefits and wrongful death)</li> <li>Rich v. Fox News Network, LLC (emotional distress)</li> <li>Gilmore v. Jones (defamation)</li> <li>Lunsford v. Sterilite of Ohio, L.L.C. (invasion of privacy)</li> </ul> </li> </ul> Professors and students will benefit from: <ul> <li>Problem-and-cases pedagogical approach challenges students' understanding through theoretical and real-life situations.</li> <li>Clear, balanced presentation enables students to understand the overarching structure, organization, and impact of tort law.</li> <li>Lively mix of problems, cases, excerpts, notes and questions.</li> <li>Comprehensive, process-oriented approach appropriate for basic, advanced, or year-long law school torts courses.</li> <li>Compelling presentation from multiple scholarly and interdisciplinary perspectives.</li> <li>Sensitive treatment of tort law's implications for race, sex, and gender equity.</li> </ul>

Torts Process: [Connected eBook with Study Center] (Aspen Casebook)

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