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Cases and Materials on Torts, Thirteenth Edition

Authors
  • Richard A. Epstein
  • Catherine M. Sharkey
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Concise yet comprehensive Cases and Materials on Torts gives 1Ls a solid foundation in the historical evolution of doctrine and social and economic theory to apply to contemporary issues facing courts.

Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversy in fast-moving areas like public nuisance, global warming, products liability, and new litigation against internet providers. Towards our dual ends, the Thirteenth Edition retains 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. This book also provides a rich exploration of the dominant corrective justice and deterrence (or prevention of harm) approaches to tort law, as exemplified both in the retained and new cases and materials.

New to the Thirteenth Edition:

  • Developments at the cutting edge of public nuisance law, including the opioids crisis, global warming, and the sale of guns.
  • Expanded consideration of the duties of online platforms, as illustrated by vicarious liability against Uber; products liability against Snapchat for defective algorithmic design and against Amazon for sale of defective goods; and novel claims of affirmative duties to rescue on Facebook and rideshare companies.
  • Developments in drug litigation, including duties to report adverse events to regulators post-approval and “innovator liability” on brand-name manufacturers for failure to warn by generic manufacturers.
  • Recent transformations in setting of compensatory damage awards, with the addition of draft materials of the Restatement (Third) of Torts: Remedies, including matters relating to race and gender.
  • A more streamlined casebook appropriate for a comprehensive 1L Torts course.

Professors and students will benefit from:

  • Clear organizational framework of the book
  • Important historical 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
  • Extensive notes with topic headlines that elaborate basic concepts through relevant cases, both old and new, that help shape the most complex contemporary issues facing courts
  • Great attention given to cutting edge tort developments
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About the authors
Richard A. Epstein
New York University School of Law

Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He has served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution since 2000. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and has been a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Medical School, also since 1983. He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991 to 2001. From 2001 to 2010, he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.

His books include The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Publishing, 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Publishing 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998); Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard, 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited Cases and Materials on the Law of Torts (9th edition 2008).

Catherine M. Sharkey
New York University School of Law

Catherine Sharkey is one of the nation's leading scholars on punitive damages and federal preemption in the realm of products liability. She has published more than twenty-five law review articles, essays, reviews, and book chapters in the fields of tort, administrative law, mass torts, class actions, and empirical legal studies. Professor Sharkey earned a bachelor's degree in economics, summa cum laude, from Yale University. She was captain of Yale's lacrosse team, a member of the U.S. national women's lacrosse team, and named to the All-American Women's Lacrosse team.

A Rhodes Scholar, she received a master of science in economics for development, with distinction, from Oxford University (Magdalen College), and her J.D. from Yale Law School, where she was Executive Editor of the Yale Law Journal. She clerked for Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit and Justice David Souter of the U.S. Supreme Court. She then worked as a Supreme Court and appellate litigation associate at Mayer Brown before joining the faculty of Columbia Law School. She became a Professor of Law at NYU in 2007.

Product Information
Edition
Thirteenth Edition
Publication date
2024-02-01
Copyright Year
2024
Pages
800
Connected eBook with Study Center + Hardcover
9798889060567
Connected eBook with Study Center (Digital Only)
9798889060574
Subject
Tort Law
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