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Exploring tort law

Exploring tort law

Law of America > Law of the United States > Federal law. Common and collective state law Individual states > Torts (Extracontractual liability) > KF1250

Edition Details

  • Creator or Attribution (Responsibility): M. Stuart Madden
  • Biografical Information: M. Stuart Madden is Distinguished Professor of Law at Pace University School of Law. His primary teaching and scholarly interests are in the areas of Torts, Environmental Torts and Products Liability. He is an elected member of the American Law Institute and serves on various policy advisory groups and scholarly advisory boards. He has lectured internationally on Tort and accident prevention subjects and has given testimony before both Houses of Congress on Tort Reform issues.
  • Language: English
  • Jurisdiction(s): New York (State)
  • Publication Information: New York : Cambridge University Press, 2005
  • Material: Document, Internet resource
  • Type: Book, Computer File, Internet Resource
  • Permalink: (Stable identifier)

Additional Format


Short Description

XII, 492 pages ; 24 cm

Purpose and Intended Audience

Useful for students learning an area of law, Exploring tort law is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

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Bibliographic information

  • Responsable Person: edited by M. Stuart Madden.
  • Publication Date: 2005
  • Country/State: New York (State)
  • Number of Editions: 16 editions
  • First edition Date: 2005
  • Last edition Date: 2005
  • Languages: US English
  • Library of Congress Code: KF1250
  • Dewey Code: 346.7303
  • ISBN: 052185136X 9780521851367 0521616808 9780521616805 0511610637 9780511610639
  • OCLC: 57694926

Publisher Description:

Independent of criminal or contract law, Tort law provides individuals and groups with redress for injury to every dimension of life from physical injury, to property damage, to personal insult. Over past decades no body of law within the civil justice system has experienced greater ferment than the law of Torts. In the US, state courts, federal courts, and the Supreme Court have all been active in the development of Tort policy. This edited collection comprises new scholarship from many of today's most influential contributors regarding Torts and Compensation Systems scholarship. Topics include an investigation of the original stimuli for tort-type norms from ancient times to the present, a provocative analysis of five tort landmarks from MacPherson v. Buick Motor Co. to United States v. Carroll Towing Co, and a frank assessment of the limitations of torts within broader compensation systems goals.

Main Contents

Tort law through time and culture : themes of economic efficiency / M. Stuart Madden
Past as prelude : the legacy of five landmarks of twentieth century injury law for the future of torts / Robert L. Rabin
Twenty-first century insurance and loss distribution in tort law / Kenneth S. Abraham
Beyond master-servant : a critique of VIcarious liability / Jennifer H. Arlen and W. Bentley MacLeod
The disintegration of duty / Ernest J. Weinrib
Managing the negligence concept : respect for the rule of law / James A. Henderson, Jr.
Rebuilding the citadel : privity, causation, and freedom of contract / Richard A. Epstein
Controlling the future of the common law by restatement / Jane Stapleton
Information shields in tort law / David G. Owen
The complexity of torts : the case of punitive damages / Guido Calabresi
The future of proportional liability : the lessons of toxic substance causation / Michael D. Green
Causation in products liability and exposure to toxic substances : a European VIew / Federico Stella
Collective rights and collective actions : examples of European and Latin American contributions / Juan Carlos Henao.

Summary Note

This is a collection of scholarship from the most influential contributors regarding Torts law.

Table of Contents

Preface 11
Introduction 14
Section I: Tort Law in the New Millennium: Past as
Prologue 29
Chapter 1: Tort Law Through Time and Culture: Themes of Economic
Efficiency 30
M. Stuart Madden
Chapter 2: Past as Prelude: The Legacy of Five Landmarks of
Twentieth Century Injury Law for the Future of Torts 118
Robert L. Rabin
Section II: Compensation and Deterrence in the
Modern World 173
Chapter 3: Twenty-First Century Insurance and Loss Distribution in
Tort Law 174
Kenneth S. Abraham
Chapter 4: Beyond Master-Servant: A Critique of Vicarious
Liability 240
Jennifer H. Arlen and W. Bentley MacLeod
Section III: Duty Rules, Courts, and Torts 311
Chapter 5: The Disintegration of Duty 312
Ernest J. Weinrib
Chapter 6: Managing the Negligence Concept: Respect for the Rule
of Law 411
James A. Henderson, Jr.
Chapter 7: Rebuilding the Citadel: Privity, Causation, and Freedom
of Contract 504
Richard A. Epstein
Chapter 8: Controlling the Future of the Common Law by
Restatement 575
Jane Stapleton
Chapter 9: Information Shields in Tort Law 647
David G. Owen
Chapter 10: The Complexity of Torts: The Case of Punitive
Damages 736
Guido Calabresi
Chapter 11: The Future of Proportional Liability: The Lessons of
Toxic Substance Causation 777
Michael D. Green
Section IV: Torts in a Shrinking World 897
Chapter 12: Causation in Products Liability and Exposure to Toxic
Substances: A European View 898
Federico Stella
Chapter 13: Collective Rights and Collective Actions: Examples of
European and Latin American Contributions 948
Juan Carlos Henao

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Schema Summary

  • Article Name: Exploring tort law
  • Author: Benjamin Ghile
  • Description: Exploring tort law Law of America > Law of the United States > Federal law. Common and collective state law Individual [...]

This entry was last updated: January 2, 2016

Cambridge University Press

Computer File

Federal law. Common and collective state law Individual states

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