Law of torts, damages and compensation Books

Book SynopsisThis revised second edition of Comparative Tort Law offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it examines common issues such as causation, economic and non-economic damages, product and professional liability, and the relationship between tort law and crime, insurance and public welfare schemes.Featuring contributions from international experts, this book also provides a comprehensive comparative assessment of tort law cultures, contextualising them within the legal systems and societies that sustain them. Chapters cover many jurisdictions often overlooked in the mainstream literature, and explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.Comparative Tort Law is a critical tool for students, scholars and academic researchers, especially those specialising in tort and comparative law. It will also be useful to policymakers, practitioners and judges, in particular those dealing with differing tort law systems.Trade Review‘Many readers could benefit from consulting this book as an introductory text, or having it on-hand as a ready reference guide on comparative tort law concepts. This book will be a useful primer for a variety of readers, including practitioners who are looking for an introduction to comparative tort law and researchers who are interested in thinking about tort law’s philosophical and global concepts.’ -- Anna Price, International Journal of Legal Information'Some of the most debated and difficult topics in comparative tort law are examined by authors who are not only outstanding comparative tort lawyers but also leading experts in these specific areas. The analysis of civil liability in unfamiliar legal systems helps to overcome the classical approach centred on common law and the three or four main European continental legal systems, and contributes to rounding off the breath of fresh air that the work provides in this field.' -- Miquel Martin Casals, University of Girona, SpainTable of ContentsContents: Preface to the Second Edition ix 1 Introduction to comparative tort law: global perspectives 1 Mauro Bussani and Anthony J. Sebok PART I THE OVERALL SETTINGS 2 The many cultures of tort liability 9 Mauro Bussani and Marta Infantino 3 Tort law and conflict of laws 35 Symeon C. Symeonides 4 Compensation at the intersection of tort law and international human rights law 63 Giovanna Gilleri 5 Tort and crime 84 Matthew Dyson 6 Liability rules: an economic taxonomy 112 Giuseppe Dari-Mattiacci and Francesco Parisi 7 Tort law and insurance 133 Ina Ebert 8 Alternative compensation schemes from a comparative perspective 140 Daniel Jutras PART II GENERAL ISSUES 9 The architecture of the common and civil law of torts: an historical survey 160 James Gordley 10 The bounds between negligence and strict liability 186 Franz Werro and Erdem Büyüksagis 11 Professional liability 214 Ewoud Hondius 12 Product liability 236 Mathias Reimann 13 Causation theories and causation rules 264 Marta Infantino 14 A comparative-law sketch of pure economic loss 284 Vernon Valentine Palmer 15 Tort damages for non-economic losses: personal injury 305 Stephen D. Sugarman 16 Tort damages for non-economic losses: methodological approaches for comparative analysis served by new technologies 336 Denise Amram and Giovanni Comandé PART III BEYOND THE LOOKING GLASS 17 Basics of Russian tort law 355 Alexander Yagelnitskiy 18 Tort law in Japan 373 Emi Matsumoto 19 Chinese tort law: tradition, transplants and some difficulties 397 Hao Jiang 20 Tort law in India 427 Manjeri Subin Sunder Raj, Ujal Kumar Mookherjee and Aman Deep Borthakur 21 The customary law of tort in sub-Saharan Africa 443 Dominic Npoanlari Dagbanja 22 Islamic tort law 469 Abdul Basir bin Mohamad 23 Tort law in Hispanic America 517 Marco de Morpurgo and Daniel Peñailillo Arévalo 24 Tort law in Brazil 539 Umberto Celli Jr Index

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Book SynopsisAutonomous systems driven by artificial intelligence (AI) technologies have significant potential for increased productivity and improved safety in many sectors, but it is inevitable that some accidents will occur. The law needs an adequate way to respond to these scenarios and compensate those wrongfully injured. This comprehensive book examines the unique difficulties that autonomous systems create for existing accident compensation systems founded on tort, and proposes solutions.Its chapters question the adequacy of accident compensation systems designed around the human wrongdoer, or a human whose conduct can be attributed to a legal person, when the 'wrongdoer' is an autonomous system. With a multi-jurisdictional approach, including both common and civil law perspectives, this book examines the many challenges that autonomous systems present in tort law and sets forth that tort lawyers will need to significantly adjust their thinking to face these challenges. Focus is given to proposals and developments at an EU level and finding solutions to the problems brought about by autonomous systems.This insightful text will be of great value to both students, researchers and practitioners in tort law, accident compensation and AI. High tech companies, think tanks, consultancies and organisations interested in autonomous systems and accidents will also widely benefit from its expertise.Trade Review‘Autonomous systems are increasingly challenging tenets of tort law and its liability schemes. The authors in this book discuss several solutions to tackle the shortcomings of today's law. The volume provides an impressive guide for both scholars and legislators.’ -- Ugo Pagallo, University of Turin, ItalyTable of ContentsContents: 1 Tort Liability and Autonomous Systems Accidents – Challenges and Future Developments 1 Phillip Morgan 2 Liability for Damage Caused by Artificial Intelligence – Some Food for Thought and Current Proposals 27 Jan De Bruyne and Orian Dheu 3 AI Systems and the Issue of Liability in the European and National Regulatory Strategies 63 Erica Palmerini 4 AI-Generated Torts 97 Ryan Abbott 5 Civil Liability Applicable to Artificial Intelligence: A Preliminary Critique of the European Parliament Resolution of 2020 122 Henrique Sousa Antunes 6 Liability for Complex Systems: The Challenge of Robotic Technology in Private Law 143 Attila Menyhárd 7 Artificial Intelligence and Medical Decision-Making: Wind of Change for Medical Malpractice Liability and Insurance? 167 Özgün Çelebi and Ayşegül Buğra Şar 8 Autonomous AI Torts: A Comparative Law and Economics Approach 188 Mitja Kovac 9 Civil Liability all at Sea: The Challenges of Unmanned Cargo Ships 211 Simon Baughen 10 Robotics Regulation and Liability Issues Concerning Robotic Technologies in the Oil and Gas Sector 234 Kyriaki Noussia and Maria Glynou Index 258

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Book SynopsisDelving deep into the emerging international and federal statutory and legislative developments surrounding Autonomous Vehicle (AV) technologies, Atilla Kasap assesses whether current motor vehicle regulations, liability law and the liability insurance system are fit for purpose today and in the future.Making a significant and novel contribution to the field, this cutting-edge book comprehensively surveys the promises offered by AVs, including radically reduced road incidents, and economic, environmental and societal benefits, alongside the significant regulatory and liability problems the technology faces. Kasap finds that, as AVs are one of the most significant and profound technological advances of the 21st century, relying on machine learning and pattern recognition systems to function, the current liability regime surrounding them requires a rethinking. Critically analysing the tort liability of AVs, chapters deconstruct and reconstruct a tort law regime for AVs, ultimately solving how policymakers should approach the challenges faced in regulating and enacting AV legislation.Interdisciplinary in approach, it will prove invaluable to students and scholars of computer science and law, particularly those studying AI and robotics law, and those interested in the regulation and governance of AV technology. It also offers vital tools for policymakers seeking concrete principles on which to define potential laws and regulations for AV technology.Trade Review‘Kasap provides an excellent legal analysis of autonomous vehicles based on artificial intelligence (AI). The obvious concern around autonomous vehicles (AVs) is safety. Kasap cites accident statistics to show that AI has the potential to reduce the number of accidents caused by human mistakes and negligence. But before AI-based autopilots become a perfect system, issues will arise. Kasap reviews the legal context today and directions for the near future, discussing the most significant areas of law affecting AVs, considering both international law and US federal statutes (the tort law regime) and including in-depth discussion of liability laws and liability insurance. This analysis is applicable not only to AVs. The technologies that enable autonomy in cars are foundational in many other fields, e.g., robotics, manufacturing systems, aviation/drones, and various military applications. Any cyber-physical system that uses sensors, networks, computing, and a form of movement can be subject to the laws discussed here. Indeed, “malfunction theory” can extend to all kinds of computation with complex algorithms. The text is well referenced and will be invaluable for legal professionals specializing in cases involving AI. Technologists involved in designing and building autonomous systems will also find it useful because Kasap employs language that can reach readers without a legal background.’ -- J. Brzezinski, CHOICE‘For anyone interested in any aspect of autonomous vehicles, from the history of efforts to replace drivers, captains, and pilots, to the technology that will enable that replacement, to the legal reforms required to enable the use of autonomous vehicles, to the disruptive effects they will have on the tort system, this is a comprehensive, readable, and well-constructed source for that information.’ -- Michael D. Green, Washington University in St. Louis, School of Law, US‘An incisive book addressing issues of liability arising from the use of autonomous vehicles as well as the appropriate timing and scope of regulation in this area. Kasap offers an original and insightful analysis of the current legal and regulatory framework in the US that is up to date with the latest relevant technological developments and scholarly contributions.’ -- Apostolos Chronopoulos, Queen Mary University of London, UKTable of ContentsContents: Introduction to regulatory and liability-related questions posed by autonomous vehicles PART I A BRIEF PRIMER ON AUTONOMOUS VEHICLES (AVs) 1. Paving the way: defining the “autonomy” and “automated” of autonomous and automated vehicles 2. The historical development of AVs 3. Autonomous vehicle technology and the state of the art PART II STATUTORY AND REGULATORY REFORMS OF AV TECHNOLOGY:INTERNATIONAL AND U.S. FEDERAL APPROACHES 4. Introduction to Part II 5. International approach 6. Federal law of the United States of America 7. Concluding remarks PART III DECONSTRUCTING AND RECONSTRUCTING A TORT LAW REGIME FOR AVs 8. Introduction to Part III 9. Setting the scene: which entity is “the manufacturer”? 10. Strict product liability 11. Negligence 12. Misrepresentation 13. Proving defect and negligence 14. The case for owners’ liability 15. The possible role of the insurance industry Conclusive remarks on the interaction between law and autonomous vehicles References Index

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Book SynopsisThis two-volume collection, prepared by a leading scholar in this field, brings together the seminal articles on the law and economics of tort law. The selection of papers addresses topics such as the Coase theorem, the choice between property and liability rules, the difference between negligence and strict liability, the economics of causation, damages and vicarious liability and the economics of affirmative duties. This is a classic collection that provides an essential foundation in the core issues fundamental to an understanding of tort law.Trade Review'Over the past half century, the law and economics movement has profoundly influenced the foundations of intellectual thought about tort law. In the Economics of Tort Law, Professor Alan Sykes has collected and edited a sparkling array of contributions to this literature, which clearly indicates both the depth and the breadth of this important interdisciplinary enterprise.' -- Robert L. Rabin, Stanford Law School, USTable of ContentsContents: Volume I Acknowledgements Introduction Alan O. Sykes PART I LIABILITY RULES, PROPERTY RULES, REGULATION AND THE COASE THEOREM 1. R.H. Coase (1960), ‘The Problem of Social Cost’ 2. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’ 3. Louis Kaplow and Steven Shavell (1996), ‘Property Rules versus Liability Rules: An Economic Analysis’ 4. Steven Shavell (1984), ‘Liability for Harm versus Regulation of Safety’ PART II NEGLIGENCE AND STRICT LIABILITY 5. Richard A. Posner (1972), ‘A Theory of Negligence’ 6. Richard A. Epstein (1973), ‘A Theory of Strict Liability’ 7. John Prather Brown (1973), ‘Toward an Economic Theory of Liability’ 8. Steven Shavell (1980), ‘Strict Liability versus Negligence’ 9. A. Mitchell Polinsky (1980), ‘Strict Liability vs. Negligence in a Market Setting’ 10. Mark F. Grady (1983), ‘A New Positive Economic Theory of Negligence’ 11. John E. Calfee and Richard Craswell (1984), ‘Some Effects of Uncertainty on Compliance with Legal Standards’ PART III CAUSATION 12. Guido Calabresi (1975), ‘Concerning Cause and the Law of Torts: An Essay for Harry Kalven, Jr.’ 13. Steven Shavell (1980), ‘An Analysis of Causation and the Scope of Liability in the Law of Torts’ 14. William M. Landes and Richard A. Posner (1983), ‘Causation in Tort Law: An Economic Approach’ 15. Marcel Kahan (1989), ‘Causation and Incentives to Take Care under the Negligence Rule’ PART IV COMPENSATORY DAMAGES 16. A. Mitchell Polinsky and Daniel L. Rubinfeld (1988), ‘The Welfare Implications of Costly Litigation for the Level of Liability’ 17. A. Mitchell Polinsky and Yeon-Koo Che (1991), ‘Decoupling Liability: Optimal Incentives for Care and Litigation’, 18. W. Kip Viscusi (2000), ’The Value of Life in Legal Contexts: Survey and Critique’ Name Index Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I PUNITIVE DAMAGES AND THE MULTIPLIER PRINCIPLE 1. A. Mitchell Polinsky and Steven Shavell (1998), ‘Punitive Damages: An Economic Analysis’ 2. Cass R. Sunstein, Daniel Kahneman and David Schkade (1998), ‘Assessing Punitive Damages (With Notes on Cognition and Valuation in Law)’ 3. Richard Craswell (1999), ‘Deterrence and Damages: The Multiplier Principle and Its Alternatives’ 4. Keith N. Hylton and Thomas J. Miceli (2005), ‘Should Tort Damages be Multiplied?’ PART II VICARIOUS LIABILITY 5. Lewis A. Kornhauser (1982), ‘An Economic Analysis of the Choice Between Enterprise and Personal Liability for Accidents’ 6. Alan O. Sykes (1984), ‘The Economics of Vicarious Liability’ 7. Alan O. Sykes (1988), ‘The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines’ PART III AFFIRMATIVE DUTIES 8. William M. Landes and Richard A. Posner (1978), ‘Salvors, Finders, Good Samaritans and Other Rescuers: An Economic Study of Law and Altruism’ 9. Saul Levmore (1986), ‘Waiting for Rescue: An Essay on the Evolution and Incentive Structure of the Law of Affirmative Obligations’ PART IV MISCELLANEOUS TOPICS 10. William M. Landes and Richard A. Posner (1980), ‘Joint and Multiple Tortfeasors: An Economic Analysis’ 11. Steven Shavell (1982), ‘On Liability and Insurance’ 12. Patricia M. Danzon (1985), ‘Liability and Liability Insurance for Medical Malpractice’ 14. W. Bishop (1982), ‘Economic Loss in Tort’ 15. William M. Landes and Richard A. Posner (1981), ‘An Economic Theory of Intentional Torts’ 16. Patricia Munch Danzon (1983), ‘Contingent Fees for Personal Injury Litigation’ Name Index

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Book SynopsisThis pioneering Handbook contains specially-commissioned chapters on tort law from leading experts in the field. This volume evaluates issues of vital importance to those seeking to understand and reform the tort law and the litigation process, taking a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral analysis. Topics discussed include products liability, medical malpractice, causation, proximate cause, joint and several liability, class actions, mass torts, vicarious liability, settlement, damage rules, juries, tort reform, and potential alternatives to the tort system. Scholars, students, legal practitioners, regulators, and judges with an interest in tort law, litigation, damages, and reform will find this seminal Handbook an invaluable addition to their libraries.Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral analysis of liability rules and the litigation process. Topics discussed include products liability, medical malpractice, causation, proximate cause, joint and several liability, class actions, mass torts, vicarious liability, settlement, damage rules, juries, tort reform, and potential alternatives to the tort system.Scholars, students, law practitioners, regulators, judges and economists with an interest in tort law, litigation, damages, and reform will find this seminal Handbook an invaluable addition to their libraries.Contributors: J. Arlen, L. Babcock, T. Baker, R. Cooter, A.F. Daughety, D. DePianto, S.S. Diamond, T. Eisenberg, R.A. Epstein, J. Furgeson, M.A. Geistfeld, M.F. Grady, L. Hardcastle, M. Heise, E. Helland, D.R. Hensler, K.N. Hylton, L.A. Kornhauser, R. Kraakman, G. Miller, J.F. Reinganum, J.M. Salerno, S.A. Seabury, C.M. Sharkey, P. Siegelman, E.L. Talley, M. Trebilcock, P.-E. Veel, W.K. Viscusi, A.L. Wickelgren, K. ZeilerTrade Review‘The highlight of this intellectually rich volume is the multiple perspectives it offers on the economic analysis of the tort system. In collecting these essays from leading legal scholars, Jennifer Arlen offers a wide range of empirical, institutional, and doctrinal dimensions of economic thought critical to assessing how our socio-legal system addresses the problem of accidental harm. The volume will serve as an invaluable contribution to the literature on the dynamic character of the tort system in action.’ -- Robert L. Rabin, Stanford Law School, US‘An indispensable resource for anyone interested in economic analysis of tort law, and tort law period. Professor Arlen has assembled an academic all-star team, and its members have prepared up-to-date, high quality, and accessible treatments of centrally important topics ranging from causation and damages to vicarious liability and insurance to tort reform and tort alternatives. With respect to the analysis of tort law through the lenses of empirical and microeconomic analysis, this is now the go-to volume.’ -- John Goldberg, Harvard Law School, US‘This Handbook redefines the boundaries of research in the economics of torts by integrating the standard model with a theoretical and empirical analysis of the institutions intervening before (contracts) and after (litigation) the occurrence of harm. It is an essential companion for scholars working in this field and provides plenty of new ideas for further research.’ -- Giuseppe Dari-Mattiacci, University of Amsterdam, The Netherlands‘In this beautifully edited volume, Jennifer Arlen has brought together an impressive line-up of outstanding scholars working in the area of tort liability. The volume showcases the great progress that has been made applying theoretical and empirical methodology to the study of law, and provides invaluable insights into directions for future research. Every scholar who is interested in the role of social science in legal scholarship will be stimulated and inspired by its contents.’ -- Kathryn E. Spier, Harvard Law School, USTable of ContentsContents: Introduction Jennifer Arlen PART I: OVERVIEW OF TORT LITIGATION 1. Empirical Analysis of Civil Litigation: Tort Trials in State Courts Michael Heise PART II: ECONOMIC ANALYSIS OF LIABILITY 2. Economic Analysis of Medical Malpractice Liability and its Reform Jennifer Arlen 3. Economic Analysis of Products Liability: Theory Andrew F. Daughety and Jennifer F. Reinganum 4. Causation in Tort Law: A Reconsideration Keith N. Hylton 5. Causation and Foreseeability Mark F. Grady 6. Fault Lines in the Positive Economic Analysis of Tort Law Mark A. Geistfeld 7. The Law and Economics of Liability Insurance: A Theoretical and Empirical Review Tom Baker and Peter Siegelman PART III: ECONOMIC ANALYSIS OF MULTI-PARTY LITIGATION 8. Economic Analysis of Joint and Several Liability Lewis A. Kornhauser 9. Economic Policy and the Vicarious Liability of Firms Reinier Kraakman 10. Group Litigation in the Enforcement of Tort Law Geoffrey Miller 11. The Socio-economics of Mass Torts: What We Know, Don’t Know and Should Know Deborah R. Hensler PART IV: THE LITIGATION PROCESS 12. Law, Economics, and the Burden(s) of Proof Eric L. Talley 13. Law and Economics of Settlement Abraham L. Wickelgren 14. Bounded Rationality in the Settlement Process: Empirical Evidence on the Causes of Settlement Failure in Litigation Linda Babcock and Joshua Furgeson 15. Contingent-fee Contracts in Litigation: A Survey and Assessment Eric Helland and Seth A. Seabury 16. Empirical Analysis of Juries in Tort Cases Shari Seidman Diamond and Jessica M. Salerno PART V: DAMAGES 17. Damages for Incompensable Harms Robert Cooter and David DePianto 18. Empirical Analysis of Tort Damages W. Kip Viscusi 19. Economic Analysis of Punitive Damages: Theory, Empirics, and Doctrine Catherine M. Sharkey PART VI: REFORM OF AND ALTERNATIVES TO THE TORT SYSTEM 20. The Empirical Effects of Tort Reform Theodore Eisenberg 21. Do Damage Caps Reduce Medical Malpractice Insurance Premiums? A Systematic Review of Estimates and the Methods Used to Produce Them Kathryn Zeiler and Lorian Hardcastle 22. No-fault Accident Compensation Systems Michael Trebilcock and Paul-Erik Veel 23. Alternatives and Complements: Liability and Regulation as Remedies for Physical Injury Richard A. Epstein Index

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Book SynopsisThe various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.

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Book SynopsisRoutledge 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 uTrade Review“This is an excellent series, which hits the target at a remarkable number of levels. The clarity of its reference points makes it ideal for students new to undergraduate study, while at the same time being the perfect ‘refresher’ book for students about to start on professional courses. More than that, the series is great as a ‘starter pack’ for non-specialist students covering elements of law as part of their wider studies, and invaluable for teaching international students studying the English common law from abroad.”FIONA E.C. KINGLAW LECTURER (for almost 30 years in Universities & Business Schools in the UK and Europe) “What a relief! A book I can understand quickly.. I’ll be using these this year”SECOND YEAR UNDERGRADUATE "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 Table of ContentsNegligence. Occupiers' Liability. Tort Relating to Land. General Defences. Remedies

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Book SynopsisWhat happens if a driver carelessly crashes into another car? Or a newspaper publishes a story which makes derogatory comments about someone? Or if a resident plays loud music every night so that their neighbour cannot get any sleep? Tort law is a collection of such misbehaviours or misadventures where the law deems it appropriate to intervene with civil remedies.This new textbook addresses a range of the most prominent torts. The law is explained with clear writing and an accessible approach, relating the subject to everyday examples. There are key learning points to help anchor the reader's basic understanding, and sections of analysis to guide the reader to a more advanced critical engagement. Above all, tort law is interesting, for it covers so much of our daily lives, and is a constant source of evolving litigation.The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL, which will help students: Table of Contents1: About Tort Law; 2: Negligence: Duty of Care; 3: Negligence: Breach; 4: Negligence: Causation; 5: Negligence: Economic Loss; 6: Negligence: Psychiatric Injury; 7: Negligence: Liability for Omissions; 8: Negligence: Public Authorities; 9: Negligence: Defences and Remedies; 10: Employers’ Liability; 11: Occupiers’ Liability; 12: Interference with Land; 13: Interference with the Person; 14: Privacy; 15: Defamation; Index

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Book SynopsisOver the past decades no body of law within the civil justice system has experienced greater ferment than the law of Torts. This collection comprises of scholarship from many of today's most influential contributors regarding Torts and Compensation Systems scholarship.Trade Review' … it is rare to see conference papers morph into an instant classic of original scholarship … represents some of the best modern tort original scholarship … exquisitely written … unveil[s] a treasure trove of concepts prefiguring tort law in the ancient law.' Bimonthly Review of Law Books' … excellent collection of essays …' Tort and Insurance Law YearbookTable of ContentsPart I. Tort Law in the New Millennium: Past as Prologue: 1. Tort Law through time and culture: themes of economic efficiency M. Stuart Madden; 2. Past as prelude: the legacy of five landmarks of twentieth-century injury law for the future of Torts Robert L. Rabin; Part II. Compensation and Deterrence in the Modern World: 3. Twenty-first century insurance and loss distribution in Tort Law Kenneth S. Abraham; 4. Beyond master-servant: a critique of vicarious liability Jennifer H. Arlen and W. Bentley McLeod; Part III. Duty Rules, Courts, and Torts: 5. The disintegration of duty Ernest J. Weinrib; 6. Managing the negligence concept: respect for the rule of law James A. Henderson, Jr; 7. Rebuilding the citadel: privity, causation, and freedom of contract Richard A. Epstein; 8. Controlling the future of the common law by restatement Jane Stapleton; 9. Information shields in Tort Law David G. Owen; 10. The complexity of torts: the case of punitive damages Guido Calabresi; 11. The future of proportional liability: the lessons of toxic substance causation Michael D. Green; Part IV. Torts in a Shrinking World: 12. Causation in products liability and exposure to toxic substances: a European view Federico Stella; 13. Collective rights and collective actions: examples of European and Latin American contributions Juan Carlos Henao.

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Book SynopsisIn the United States, court reviews of scientific evidence greatly lag behind mainstream science, making it difficult for people wrongfully injured by chemical products to seek justice. Newly updated and expanded, this second edition introduces scientific and legal professionals to this issue and offers suggestions for reform.Trade ReviewReview of previous edition: '[Carl F. Cranor's Toxic Torts] makes clear why he is the best-qualified philosopher to address the complex issues raised by toxic tort cases. I know of no other book that can match its scope and depth of treatment of the philosophical, scientific, and legal issues.' Douglas Maclean, University of North Carolina, Chapel HillReview of previous edition: 'This carefully documented book should be required reading for all judges who deal with tort law and for law students or lawyers planning to specialize in the defense of citizens who claim they have been harmed by drugs or toxicants. It should also be read by chemistry students who are interested in the societal problems sometimes created by the production and use of chemicals. No other book that I have encountered so carefully delineates the great gulf between the science of toxicology and what is now happening in the judicial system.' Bette Hileman, Chemical and Engineering NewsReview of previous edition: 'Carl F. Cranor has achieved the almost impossible goal of a learned, readable, and exciting book on the torturous interactions between law and science in tort litigation. For a scientist, his analysis of case law in this field is exceptionally informative and provocative.' Ellen K. Silbergeld, The Johns Hopkins UniversityReview of previous edition: '[T]he value of this book for those in law is its scientific orientation from beginning to end. Cranor provides lawyers and judges with the crucial understanding of how science works by explaining how studies are conducted, how evidence is integrated, and how inferences are made. … Toxic Torts deserves the attention of judges, lawyers, and legal scholars … compelling and timely … an insightful and important addition to the literature …' David S. Caudill, University of Villanova School of LawReview of previous edition: 'Cranor's book is an excellent book and a must read for anyone who is trying to engage with the science/law interface in any context. [It is] … concerned with detail … the details of the cases, the science and the reasoning. … He wants both lawyers and scientists to think hard about what they do. … Toxic Torts [is] a paradigm of taking an intelligent and methodological approach to the science/law interface.' Liz Fisher, University of OxfordReview of previous edition: 'Cranor's insightful discussions of science and law as it is seen by the Courts in toxic tort litigation is a 'must read' for scientists in toxicology, epidemiology, and pharmacology.' Eula Bingham, University of CincinnatiReview of previous edition: 'Carl F. Cranor's exceptionally lucid analysis of science in regulation and litigation reveals brilliantly why circumstantial evidence currently can convict a dangerous person but not a toxic chemical.' Sheldon Krimsky, Tufts University, MassachusettsTable of ContentsPreface; 1. The veil of science over tort law policy; 2. Legal background; 3. Institutional concerns about the Supreme Court's trilogy; 4. Evidence of toxicity; 5. Scientific reasoning and some applications; 6. Excellent evidence makes bad law: pragmatic barriers to the discovery of harm and fair admissibility; 7. Science and law in conflict; 8. Milward v. Acuity Specialty Products: toward clarifying legal and scientific issues; 9. Enhancing the possibility of justice under Daubert; 10. What has Daubert wrought?; Bibliography; Index.

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Book SynopsisAccording to the US Public Health Service, over 100,000 deaths a year are attributed to alcohol. Legislatures have enacted regulations intended to reduce alcohol consumption and curb harmful effects. This study focuses on one regulation, the liability imposed on alcohol servers and social hosts.

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