The Torts Process (Aspen Casebook)

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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:

• Expanded substantive coverage on numerous topics (e.g., market share liability, governmental immunity, insurance, and alternative compensation mechanisms).
• 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.
• New lead cases offer compelling teaching opportunities on a variety of topics, including:
  • The role of duty in tort doctrine
  • The connection between actual and proximate causation
  • The role of trespass and nuisance causes of action in the context of pollution
  • Strict liability for abnormally dangerous activities
  • The role of consumer expectations in design defect litigation
  • Warning defect liability
  • The collateral source role
  • Interpretation of allegedly defamatory statements
  • The actual malice standard for defamation
  • Commercial appropriation, In re NCAAStudent AthleteName & Likeness LicensingLitig.
  • Financial misrepresentation
  • Tortiousinterference with prospective business relations
  • The viability of Alien Tort Statute claimspost-Kiobel

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