Cases and materials on torts epstein

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cases and materials on torts epstein

Cases and Materials on Torts by Richard A. Epstein

Richard Epstein is a brilliant legal scholar, and I agree with many of his points of view (expanded use of strict liability, his focus on economic efficiency in legal decisions, etc.). However, his casebook was just awful. It was a long, disjointed look at an already scattered topic. Epstein did a horrible job of condensing and organizing the material. There were literally hundreds of mini-cases listed in the notes section followed with unanswered questions or topics to ponder. There was no overall tying of themes or explicit referencing to general themes. It was merely a compilation of cases, which I could have produced.

Additionally, Epstein at least once seemed to intentionally make the subject matter more confusing than it needed to be. For example, in the introduction to proximate cause, he chose Ryan v. New York Central R.R. as the lead case. There, the defendant was not held liable for negligently maintaining his railroad when the plaintiffs house burned down. The court reasoned that the damage must stop somewhere or civilization could not function under the threat of such massive liability. The problem is that this decision is not the current law! In fact, this case is known because so many other cases said it was decided incorrectly.

To my mind, explaining legal rules in a given subject could be very easy, and the organization of the casebook very straightforward. Start with a case highlighting the most current and widely adopted rule on a particular issue. If there are multiple, competing rulings, include a case for each with perhaps a few explanatory sentences in between. If there is a major exception, include a case on that too. Then, in the notes, you can provide the history or other details deemed relevant. Here, Epstein doesnt do that. He head fakes us with what is widely considered an incorrectly ruled case. What is the point of that when someone is trying to learn new information?

Reading some of Epsteins articles and watching him lecture on youtube gave me high hopes for this mans book. It was an utter disappointment.
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Published 11.01.2019

Negligence - Duty of Care

Cases and Materials on Torts, Eleventh Edition

You can now find the content here at www. With a validated professor account, you can now access the professor materials for any product on our site. Student and publicly available materials can be found on the relevant product page without the need to login. Please note: Student Resources are not available for all products, and therefore that section may not appear on all product pages. To access teaching materials for a product, you will need a validated professor account on WKLegaledu.

The 11th edition carries many successful features from earlier editions, including extensive historical materials on the evolution of tort law, an expanded treatment of public nuisance law, recent developments in products liability law, expansion of the materials on various types of injuries in damage cases, and heavier emphasis on web-based communications under the law of defamation and privacy.
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New hardcover casebook PLUS lifetime access to the digital casebook, outlining tool, and study center at casebookconnect. Learn more about CasebookConnect. This top tier casebook integrates modern scholarship with historical background to provide a sense of the development of tort law. The thoughtful presentation engages students by examining different intellectual approaches used to interpret law. The 11th edition carries many successful features from earlier editions, including extensive historical materials on the evolution of tort law, an expanded treatment of public nuisance law, recent developments in products liability law, expansion of the materials on various types of injuries in damage cases, and heavier emphasis on web-based communications under the law of defamation and privacy. The Connected Casebook rental program is available exclusively from BarristerBooks. Tort Immunities.

Well-known Torts expert Richard A. Epstein skillfully and effectively integrates modern scholarship and historical background in this highly successful casebook. Cases and Materials on Torts, now in its Ninth Edition, Is an excellent introduction To The first-year Torts course that has been classroom-tested — and proven — by generations of law students. Characteristics that have helped to make Cases and Materials on Torts a leader in the field include: Outstanding authorship : Richard A. Add to Bookshelf.

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