Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Cases And Materials On The Law Of Torts, Harry Shulman, Fleming James, Oscar Gray, Donald Gifford Mar 2010

Cases And Materials On The Law Of Torts, Harry Shulman, Fleming James, Oscar Gray, Donald Gifford

Oscar S. Gray

This casebook is designed for teaching case analysis and the impact of social and economic factors on the common law. Enough of the majority opinions, and often the dissenting opinions, is presented to illustrate how the cases fit together with precedents and to enable students to evaluate competing arguments. The latest edition, though streamlined from previous editions, adds both coverage of emerging areas of liability, including claims under the alien tort statute, and traditional torts applied in new factual contexts, such as cyberspace and biomedical engineering.


Misrepresentation - Part I, Fleming James, Oscar Gray Mar 2010

Misrepresentation - Part I, Fleming James, Oscar Gray

Oscar S. Gray

No abstract provided.


Cases And Materials On The Law Of Torts, 4th Edition, Harry Shulman, Fleming James, Oscar Gray, Donald Gifford Mar 2010

Cases And Materials On The Law Of Torts, 4th Edition, Harry Shulman, Fleming James, Oscar Gray, Donald Gifford

Oscar S. Gray

The opinions included in this law school casebook are designed for teaching case analysis and the social and economics consequences of legal decisions. Enough of the majority, and often the dissent opinion is presented to illustrate how the case fits with precedents and allows students to evaluate the arguments on either side of the case. It emphasizes accidents and the role of fault in society's management of their costs, and the historical basis for modern torts doctrines. It details intentional torts and a wide range of other non-accident wrongs.


The Prosser Notebook: Classroom As Biography And Intellectual History, Christopher Robinette Feb 2010

The Prosser Notebook: Classroom As Biography And Intellectual History, Christopher Robinette

Christopher J Robinette

When a former student offered to let me see his grandfather's Torts notebook, I was intrigued. The 70-year-old black notebook has developed a patina, but is in remarkably good condition. The sides have a lightly textured surface. The spine, not damaged by cracks, has several small gold stripes running across it. The notebook belonged to a first-year law student named Leroy S. Merrifield during the 1938-39 academic year at the University of Minnesota Law School. Merrifield used it to record notes during his Torts class. His professor was William Prosser.

Because Prosser's papers likely have been destroyed, Merrifield's notebook offers …


Tort Law And Probabilistic Litigation: How To Apply Multipliers To Address The Problem Of Negative Value Suits, Ben Depoorter Dec 2009

Tort Law And Probabilistic Litigation: How To Apply Multipliers To Address The Problem Of Negative Value Suits, Ben Depoorter

Ben Depoorter

This Article advances a proposal that brings to life valuable lawsuits that litigation costs currently discourage. Our proposal converts claims with negative expected values into positive expected value claims by implementing a novel system involving flexible conditional multipliers. Our proposal has two components. First, under the proposed system a plaintiff is allowed to select a damage multiplier that determines the amount of damages the plaintiff will receive if the litigation is successful. Second, courts select cases for litigation randomly with a probability inverse to the multiplier the plaintiff selected.


Tort Law's Flaws, Jeffrey O'Connell, Christopher Robinette Dec 2009

Tort Law's Flaws, Jeffrey O'Connell, Christopher Robinette

Christopher J Robinette

This succinct paperback on tort reform lays bare one of the most important recent movements in the civil justice field. It begins with a brief overview of central themes and issues and then presents a series of original essays and comments by preeminent scholars, lawyers, and leaders in Tort Reform. The essays are followed by fictional narratives written from the standpoint of plaintiffs, defendants, and policymakers; a simulation; and a selection of carefully edited articles, government documents, interest group position papers, and cases. Comments, notes, and questions are interspersed throughout the text.