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Advanced and Business Tort Law: Cases, Statutes, and Problems, First Edition

Authors
  • Arthur Best
  • David W. Barnes
  • Nicholas Kahn-Fogel
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents
Preface

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Advanced and Business Tort Law is an ideal casebook with statutes and problems for an advanced and personal torts courses, a business and unfair competition torts courses, or survey of advanced tort law courses.

Advanced and Business Tort Law is designed for advanced torts classes with a detailed treatment of dignitary and personal economic torts or business and unfair competition torts or a summary treatment of both. Unlike other casebooks, Advanced and Business Tort Law is ideal for any of the common combinations of the subject matter discussed in upper-level torts classes. The authors’ approach emphasizes the elements of each tort and the policies underlying the tort doctrines. Even more than in their Basic Tort Law casebook, appreciating the statutes relevant to each tort is critical because of significant doctrinal differences among jurisdictions.

Key Features of this Edition:

  • Ideal for either dignitary and personal economic torts classes, business and unfair competition classes, or a survey class covering all torts not included in introductory torts classes.
  • Complements Basic Tort Law: Cases, Statutes, and Problems providing complete coverage of modern tort law.
  • The casebook emphasizes principal cases decided in the 2020s covering a broad range of present-day issues, including invasion of the right of privacy, misappropriation of persona, misrepresentation, defamation, the economic loss rule, fraud, breach of fiduciary duty, interference with contractual relations, bad faith performance of contract, commercial disparagement, false and deceptive advertising, trademark infringement, trade secrets, copyright infringement, malicious prosecution, and SLAPPS.
  • Advanced and Business Tort Law including contemporary cases, issues, and perspectives of cultural relevance. They include unauthorized use of the identities of television stars and celebrities, trends in the law of slander and libel, undisclosed use of paid social influencers, media harassment of public figures, Facebook’s banning of controversial posts and defamatory postings, and online reviews, legal claims for police misconduct and modern trends in police immunity, and marketing of performance-enhancing beverages.

Professors and students will benefit from:

  • Emphasis on the black letter law and policies underlying tort rules.
  • Problems covering all torts presented in the book with answers provided in the Teachers Manual.
  • Statutes introducing students to variations among states.
  • Straightforward note materials emphasizing key points in each case.
  • Perspective Notes discuss modern developments and policy conflicts.
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About the authors
Arthur Best
Professor of Law
Sturm College of Law & University of Denver

Before entering law teaching, Arthur Best worked in the general counsel’s office of the Federal Communications Commission, as a trial attorney for the Federal Trade Commission, as a project director for Ralph Nader’s Center for Study of Responsive Law, and as a deputy commissioner in the New York City Department of Consumer Affairs. He has published broadly in fields including evidence, torts, advertising regulation, dispute resolution, and lawyers’ ethics. Among his books are When Consumers Complain (Columbia University Press: 1981), Evidence: Examples and Explanations (6th edition, Aspen Publishing: 2007), Basic Tort Law (2d edition, Aspen Publishing: 2007) (co-author), and annual and semi-annual Wigmore on Evidence Supplement volumes (Aspen Publishing: since 1995).

Recent articles are “Student Evaluations of Law Teaching Work Well: Strongly Agree, Agree, Neutral, Disagree, Strongly Disagree,” 40 Southwestern L. Rev. 1 (2007), “Impediments to Reasonable Tort Reform: Lessons from the Adoption of Comparative Negligence,” 40 Ind. L. Rev. 1 (2007), “Internet Yellow Page Advertising,” 55 Journal of the American Academy of Dermatology 67 (co-author) (2006), and “Manufacturers’ Responsibility for Harms Suffered by Victims of Counterfeiters: A Modern Elaboration of Causation Rules and Fundamental Tort Law Policies,” 8 Currents: Int’l Trade L.J. 43 (Summer 1999).

Best has served as Associate Dean for Academic Affairs at the Sturm College of Law at University of Denver and as president of the University’s Faculty Senate. He has represented the Association of American Law Schools and the American Bar Association as a member and chair of law school accreditation inspection teams. He has also served on the board of directors of Colorado Lawyers for the Arts and of the Denver-based Hannah Kahn Dance Company.

David W. Barnes
Distinguished Research Professor of Law
Seton Hall University

David Jake Barnes is the Seton Hall University Distinguished Research Professor of Law. Professor Barnes began teaching at Seton Hall in 1999 after being the Charles W. Delaney Professor of Law at the University of Denver and teaching with the economics and the law faculties at Syracuse University.

Professor Barnes’ educational background includes undergraduate study at Dartmouth College and Wellesley College, an M.A. and Ph.D. in economics from Virginia Polytechnic Institute, and a J.D. from the University of Pennsylvania Law School. His casebooks and treatises include The Law of Intellectual Property; Basic Tort Law: Cases, Problems, Statutes, and Materials; Cases and Materials on Law and Economics; Statistical Evidence in Litigation: Methodology, Procedure, and Practice; and Statistics as Proof: Fundamentals of Quantitative Evidence.

He has written dozens of articles in various areas of law including torts, intellectual property, contracts, antitrust, environmental law, evidence, remedies, and the use of statistical and scientific methods in court.

Nicholas Kahn-Fogel
Assistant Professor of Law
William H. Bowen School of Law University of Arkansas at Little Rock

Professor Kahn-Fogel first joined the William H. Bowen School of Law as a visiting professor in 2008. From 2006-2008, he taught at the University of Zambia School of Law. He returned to Zambia from 2010-2011 as a Bowen Research Fellow, focusing on access to justice issues and the interaction of colonial law and indigenous custom in Africa. He has recently served on the editorial board of the Zambia Law Journal.

At Bowen, Nick teaches Comparative Law, Criminal Procedure — Pretrial, Sales, and Torts. Nick's scholarship has focused on comparative law and criminal procedure. His most recent article, Manson and Its Progeny: An Empirical Analysis of American Eyewitness Law, published in the Alabama Civil Rights & Civil Liberties Law Review, was selected as a must-read by the National Association of Criminal Defense Lawyers and the Academic Advisory Board of the Getting Scholarship Into Court Project.

In his spare time, Nick enjoys cooking, jogging slowly, and playing vigorous, mediocre tennis.

Product Information
Edition
First Edition
Publication date
2023-09-15
Copyright Year
2024
Pages
854
Connected eBook + Hardcover
9798886140361
Connected eBook (Digital Only)
9798889068327
Subject
Tort Law
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