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Tort Lawcards 2012-2013 (Lawcards)
by RoutledgeRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn’t you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law
Tort Liability in Multinational Corporate Groups: A Comparative Analysis with Particular Focus on Turkey (Ius Gentium: Comparative Perspectives on Law and Justice #107)
by Pınar KaraMultinational corporate groups are important actors in today’s global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance – to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries’ activities (referred to as ‘foreign direct liability’ in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.
Torts: A Contemporary Approach Second Edition
by Meredith J. Duncan Ronald TurnerThis casebook is organized to facilitate the study of tort law in the first year of law school. The text begins with an overview of the subject, pointing out distinctions between tort law and other types of law. It then covers intentional torts, negligence actions, and strict liability. The materials then build on these foundational principles by exploring more advanced tort subjects such as nuisance law, products liability actions, and defamation law. This textbook includes classic cases as well as contemporary cases relevant to today's students.
Torts: Cases And Questions (Aspen Casebook Series)
by Ward Farnsworth Mark GradyThe unique approach of Torts: Cases and Questions, Third Edition, by Ward Farnsworth and Mark F. Grady provides extraordinary teaching cases that are presented concisely and positioned in tandem, challenging students to compare the cases and draw connections and distinctions between them. Teachers across the country enjoy the lively and instructive classroom experience promoted by this fresh and innovative format. New to the Third Edition: A more streamlined presentation that removes some inessential material and makes coverage easier New material from the Third Restatement of Torts Additional chapters from the earlier edition available for free to download, distribute, and use as you like Professors and students will benefit from: An exceptionally strong collection of cases arranged in pairs that challenge students to explain the distinctions between them Logical organization that starts with intentional torts A balance of classic and contemporary cases chosen to stimulate active student engagement Intermediate cases—shorter than principal cases, but presented in enough detail to support great class discussions Problems integrated throughout the book that help students apply new concepts and prepare for exams A compatible pedagogical approach that supports a variety of teaching objectives An extensive Teacher’s Manual that offers hundreds of interesting questions and answers suitable for classroom use Teaching materials include: Teacher’s Manual Online-only chapters on Defamation, Invasion of Privacy, and Nuisance
Torts (7th edition)
by Steven EmanuelThe most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features outline choice among law students: Comprehensive review of all major topics; Capsule summary of all topics; Cross-reference table of cases; Time-saving format; Great for exam prep.
Torts and Compensation, Personal Accountability and Social Responsibility for Injury (American Casebook)
by Dan B. Dobbs Paul T. Hayden Ellen M. BublickThis casebook is a teaching tool. Tort law is about real people and real injuries, and the cases in this book reflect that reality. As with the previous editions, challenging contemporary cases and issues are presented without straying too far from the classic cases and the core of lawyering--thoughtful analysis and criticism. Students are engaged without mystifying them, and-- with the contributions of the professors who teach this book--to spark a lifelong interest in law in general and in tort law in particular. The Concise Edition attempts to present the core of tort law in personal injury and property damage cases in a shorter form that makes it possible to teach the central materials in a four-hour course. This edition contains numerous citations to the Restatements of Torts, and sometimes to the Restatements of Agency or other areas of relevant law.
Torts and Compensation, Personal Accountability and Social Responsibility for Injury
by Dan Dobbs Paul Hayden Ellen BublickThe book includes new cases carefully selected from hundreds of decisions published between 2013 and 2016. Recent statutes and authorities, such as the 'Restatement third of torts: intentional yorts to persons', have also been included. Added cases involve current factual contexts such as arguments over Facebook posts and the use of defibrillators in high school sports. The new cases also illustrate developing issues such as duty in cases of misfeasance vs. nonfeasance and the impact of comparative fault on other areas including the plaintiff illegal acts doctrine.
Torts and Personal Injury Law
by Cathy Okrent William BuckleyTorts and Personal Injury Law, fourth edition, is the perfect torts book that is comprehensive, but not too overwhelming to students. Each chapter begins with "The Biggest Mistakes Paralegals Make and How to Avoid Them" feature, inviting the reader to read deeper into each chapter. An overview of tort law for the paralegal who works on personal injury matters is covered over 13 chapters. Topics such as product liability, medical malpractice, and accidents are included. Additional coverage includes general tort law, alternative dispute resolution, negligence, defenses to negligence actions, intentional torts, injuries to property, liability, strict or absolute liability, product liability, special tort actions, and tort investigation. A total of over 75 cases are annotated and include the following hot button issues: malicious prosecution of the Duke University Lacrosse players, toxic mass torts, patient dumping, spoliation of evidence, sexual abuse by clergy, donor egg implantation by same sex couples, spam email fraud, HIPPA, and obesity caused by trans fats from fast food.
Torts, Egalitarianism and Distributive Justice
by Tsachi Keren-PazThis book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.
Torts In A Nutshell (Nutshells Series #Sixth Edition)
by Edward KionkaA clear, concise, current, and authoritative explanation of all of the most important U.S. tort law doctrines, including those covered in first-year torts courses in law schools. Coverage includes tort law origins and objectives; causation; strict liability; negligence liability and defenses; intentional tort liability and defenses; special liability rules (premises liability, products liability, employers, etc.); damages; tort and contract; immunities; wrongful death and survival; defamation; privacy; misrepresentation.
Torts Stories
by Stephen D. Sugarmann Robert L. RabinThis publication provides a student with an understanding of ten leading torts cases...
Torts!, third edition (The Open Casebook Series)
by Jonathan L. Zittrain Jordi WeinstockA law school casebook that maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases.A tort is a wrong that a court is prepared to recognize, usually in the form of ordering the transfer of money (&“damages&”) from the wrongdoer to the wronged. The tort system offers recourse for people aggrieved and harmed by the actions of others. By filing a lawsuit, private citizens can demand the attention of alleged wrongdoers to account for what they&’ve done—and of a judge and jury to weigh the claims and set terms of compensation. This book, which can be used as a primary text for a first-year law school torts course, maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases. Taken together, these cases show differing approaches to the problems of defining legal harm and applying those definitions to a messy world. The cases range from alleged assault and battery by &“The Schoolboy Kicker&” (1891) to the liability of General Motors for &“The Crumpling Toe Plate&” (1993). Each case is an artifact of its time; students can compare the judges&’ societal perceptions and moral compasses to those of the current era. This book is part of the Open Casebook series from Harvard Law School Library and MIT Press.
Torture and Dignity: An Essay on Moral Injury
by J. M. BernsteinIn this unflinching look at the experience of suffering and one of its greatest manifestations--torture--J. M. Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining what is suffered in torture and related transgressions, such as rape, Bernstein elaborates a powerful new conception of moral injury. Crucially, he shows, moral injury always involves an injury to the status of an individual as a person--it is a violent assault against his or her dignity. Elaborating on this critical element of moral injury, he demonstrates that the mutual recognitions of trust form the invisible substance of our moral lives, that dignity is a fragile social possession, and that the perspective of ourselves as potential victims is an ineliminable feature of everyday moral experience.
Torture and Human Rights in Northern Ireland: Interrogation in Depth
by Aoife DuffyThis book presents a compelling and highly sophisticated politico-legal history of a particular security operation that resulted in one of the most high-profile torture cases in the world. It reveals the extent to which the Ireland v. United Kingdom judgment misrepresents the interrogation system that was developed and utilised in Northern Ireland. Finally, the truth about the operation is presented in a comprehensive narrative, sometimes corroborating secondary literature already in the public domain, but at other times significantly debunking aphorisms, or, indeed, lies that circulated about interrogation in depth. The book sets out the theoretical reference paradigm with respect to the culture and practice of state denial often associated with torture, and uses this model to excavate the buried aspects of this most famous of torture cases. Through the lens of a single operation, conducted twice, it presents a fascinating exposé of the complicated structures of state-sponsored denial designed to hide the truth about the long-term effects of these techniques and the way in which they were authorised.
Torture and the Law of Proof: Europe and England in the Ancien Régime
by John H. LangbeinIn Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it. The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.
Torture and the Ticking Bomb (Blackwell Public Philosophy Series)
by Bob BrecherThis timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. Argues that the respectability Dershowitz's arguments confer on the view that torture is a legitimate weapon in the war on terror needs urgently to be countered Takes on the advocates of torture on their own utilitarian grounds Timely and passionately written, in an accessible, jargon-free style Forms part of the provocative and timely Blackwell Public Philosophy series
The Torture of Children During Armed Conflicts
by Sonja C. GroverThis book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i. e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.
Torture, Power, and Law
by David LubanThis volume brings together the most important writing on torture and the 'war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration's failure to hold torturers accountable.
The Torturer in the Mirror
by Haifa Zangana Ramsey Clark Thomas Ehrlich ReiferBefore the US invasion of Iraq, before the American public saw the infamous photos from Abu Ghraib, the CIA went to the White House with a question: What, according to the Constitution, was the line separating interrogation from torture--and could that line be moved? The White House lawyers' answer--in the form of legal documents later known as the "Torture Memos"--became the US's justification for engaging in torture. The Torturer in the Mirror shows us how when one of us tortures, we are all implicated in the crime. In three uncompromising essays, Iraqi dissident Haifa Zangana, former US Attorney General Ramsey Clark, and professor of sociology Thomas Ehrlich Reifer teach us how physically and psychologically insidious torture is, how deep a mark it leaves on both its victims and its practitioners, and how necessary it is for us as a society to hold torturers accountable.
Total Collapse: The Case Against Responsibility and Morality
by Stephen KershnarThis book argues that there is no morality and that people are not morally responsible for what they do. In particular, it argues that what people do is neither right nor wrong and that they are neither praiseworthy nor blameworthy for doing it. Morality and moral responsibility lie at the heart of how we view the world. In our daily life, we feel that people act rightly or wrongly, make the world better or worse, and are virtuous or vicious. These policies are central to our justifying how we see the world and treat others. In this book, the author argues that our views on these matters are false. He presents a series of arguments that threaten to undermine our theoretical and practical worldviews. The philosophical costs of denying moral responsibility and morality are enormous. It does violence to philosophical positions that many people took a lifetime to develop. Worse, it does violence to our everyday view of people. A host of concepts that we rely on daily (praiseworthy, blameworthy, desert, virtue, right, wrong, good, bad, etc.) fail to refer to any property in the world and are thus deeply mistaken. This book is of interest to philosophers, lawyers, and humanities professors as well as people interested in morality, law, religion, and public policy.
Total Environmental Compliance: A Practical Guide for Environmental Professionals
by Bert P. Krages IITotal Environmental Compliance: A Practical Guide for Environmental Professionals gives you the background and skills you need to ensure total environmental compliance in your organization. Instead of dryly describing theoretical management systems or reciting regulatory provisions, the author delves into the challenging issues of why organizations
Total Justice
by Lawrence M. FriedmanIt is a widely held belief today that there are too many lawsuits, too many lawyers, too much law. As readers of this engaging and provocative essay will discover, the evidence for a "litigation explosion" is actually quite ambiguous. But the American legal profession has become extremely large, and it seems clear that the scope and reach of legal process have indeed increased greatly. How can we best understand these changes? Lawrence Friedman focuses on transformations in American legal culture—that is, people's beliefs and expectations with regard to law. In the early nineteenth century, people were accustomed to facing sudden disasters (disease, accidents, joblessness) without the protection of social and private insurance. The uncertainty of life and the unavailability of compensation for loss were mirrored in a culture of low legal expectations. Medical, technical, and social developments during our own century have created a very different set of expectations about life, again reflected in our legal culture. Friedman argues that we are moving toward a general expectation of total justice, of recompense for all injuries and losses that are not the victim's fault. And the expansion of legal rights and protections in turn creates fresh expectations, a cycle of demand and response. This timely and important book articulates clearly, and in nontechnical language, the recent changes that many have sensed in the American legal system but that few have discussed in so powerful and sensible a way. Total Justice is the third of five special volumes commissioned by the Russell Sage Foundation to mark its seventy-fifth anniversary.
Total Lawfare: New Defense and Lessons from China’s Unrestricted Lawfare Program
by Patrick S. Nash Deniz GuzelThis book advocates for a novel doctrine of ‘total lawfare’ as part of a comprehensive approach to modern hybrid warfare.The book begins by introducing the military concept of ‘limited lawfare’ in the context of modern geopolitical conditions. It proceeds to set out a conceptual history of lawfare in the West, highlighting conceptual shortcomings and NATO’s limited capabilities in this branch of hybrid warfare. It then provides a comparative case study and strategic threat assessment of the Chinese concept of ‘unrestricted lawfare’. Against this, the book grounds an ethical doctrine of ‘total lawfare’ within the Western jurisprudential tradition and translates this into practice as a key pillar of modern defense strategy under the rule of law. The book concludes by advocating for a Thielian ‘New Defense’ industry centered upon ‘total lawfare’ as a legitimate and effective Western response to enemy aggression.The book will be of interest to academics, policy-makers, and students working in the fields of lawfare, jurisprudence, and military law.
Total Liberation
by David Naguib PellowWhen in 2001 Earth Liberation Front activists drove metal spikes into hundreds of trees in Gifford Pinchot National Forest, they were protesting the sale of a section of the old-growth forest to a timber company. But ELF's communiqué on the action went beyond the radical group's customary brief. Drawing connections between the harms facing the myriad animals who make their home in the trees and the struggles for social justice among ordinary human beings resisting exclusion and marginalization, the dispatch declared, "all oppression is linked, just as we are all linked," and decried the "patriarchal nightmare" in the form of "techno-industrial global capitalism." In Total Liberation, David Naguib Pellow takes up this claim and makes sense of the often tense and violent relationships among humans, ecosystems, and nonhuman animal species, expanding our understanding of inequality and activists' uncompromising efforts to oppose it. Grounded in interviews with more than one hundred activists, on-the-spot fieldwork, and analyses of thousands of pages of documents, websites, journals, and zines, Total Liberation reveals the ways in which radical environmental and animal rights movements challenge inequity through a vision they call "total liberation." In its encounters with such infamous activists as scott crow, Tre Arrow, Lauren Regan, Rod Coronado, and Gina Lynn, the book offers a close-up, insider's view of one of the most important--and feared--social movements of our day. At the same time, it shows how and why the U.S. justice system plays to that fear, applying to these movements measures generally reserved for "jihadists"--with disturbing implications for civil liberties and constitutional freedom. How do the adherents of "total liberation" fight oppression and seek justice for humans, nonhumans, and ecosystems alike? And how is this pursuit shaped by the politics of anarchism and anticapitalism? In his answers, Pellow provides crucial in-depth insight into the origins and social significance of the earth and animal liberation movements and their increasingly common and compelling critique of inequality as a threat to life and a dream of a future characterized by social and ecological justice for all.
Total Petroleum Hydrocarbons: Environmental Fate, Toxicity, and Remediation
by Saranya Kuppusamy Naga Raju Maddela Mallavarapu Megharaj Kadiyala VenkateswarluThe term “total petroleum hydrocarbons” (TPHs) is used for any mixture of several hundred hydrocarbons found in crude oil, and they represent the sum of volatile petroleum hydrocarbons and extractable petroleum hydrocarbons. The petrol-range organics include hydrocarbons from C6 to C10, while diesel-range organics are C10-C28 hydrocarbons. Environmental pollution by petroleum hydrocarbons is one of the major global concerns, particularly in oil-yielding countries. In fact, there are more than five million potentially contaminated areas worldwide that represent, in general, a lost economic opportunity and a threat to the health and well-being of humans and the environment. Petroleum-contaminated sites constitute almost one-third of the total sites polluted with chemicals around the globe. The land contamination caused by industrialization was recognized as early as the 1960s, but less than a tenth of potentially contaminated lands have been remediated due to the nature of the contamination, cost, technical impracticability, and insufficient land legislation and enforcement. This book is the first single source that provides comprehensive information on the different aspects of TPHs, such as sources and range of products, methods of analysis, fate and bioavailability, ecological implications including impact on human health, potential approaches for bioremediation such as risk-based remediation, and regulatory assessment procedures for TPH-contaminated sites. As such, it is a valuable resource for researchers, graduate students, technicians in the oil industry and remediation practitioners, as well as policy makers.