Cases and Materials
Author: Victor E. Schwartz,Kathryn Kelly,David F. Partlett
View: 5769Combining excellence in scholarship and ease of use, this best-selling casebook engages readers in and encourages critical thinking about tort law with its compelling stories, crisply edited classic tort cases, and discussion of legislation and new public policy. Unbiased in its approach and organized in manageable sections of information, the casebook expands law students understanding of tort law doctrine and rationale with helpful notes, memorable cases and statutes, and discussion of topics such as the increasing influence of legislatures on the common law of torts. This immensely popular casebook combines the best of the new tort cases while preserving the classics. It captures new trends and controversies in the law of torts, but the cases and notes are presented to allow the Professor to inject his or her perspectives and ideas without fighting the materials. Case selection for principal and note cases favors exemplifying cutting-edge doctrine and policy, while favoring memorable factual scenarios. Case selection of principal cases is based on well-written opinions, geographic as well as viewpoint diversity, and a mix of mainstream opinion with the occasional outlier or minority opinion, all designed to emphasize fundamental principles and contemporary policy debates. Through questions in the notes, students are prodded to think of themselves as lawyers actively engaged in practicing and making the law, not just as students passively engaged in studying it. Both theory and practicality permeate the book. The way cases are edited and the topics covered (including proof issues, joint and several liability, damages, and wrongful death and survival) make it particularly suitable for emphasizing procedural issues, litigation and counseling strategy, and legal reasoning. It focuses principally on the development of the common law, but also includes statutory changes, including tort reform legislation, as appropriate. Comparative law enlightens the applicable law and policy at critical junctures such as defamation, privacy, and causation.