• Advanced Tort Law: A Problem Approach (2010) (Loose-leaf version)
 
 
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Advanced Tort Law: A Problem Approach (2010) (Loose-leaf version)

Advanced Tort Law: A Problem Approach (2010) (Loose-leaf version)

Vincent R. Johnson, Professor of Law, St. Mary's University


Availability: In Stock
Publisher :LexisNexis
Format: Loose-Leaf

ISBN: 9781422478400

2010
 
$139.00
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    This heavily discounted, three-hole punched, alternative loose-leaf version of the hardbound book is printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book. This textbook is designed for use in upper-level law school courses. It reflects the belief that the most effective teaching materials for students beyond the first year of law school are centered on problems of the kind that lawyers face in practice. 

     

    ·         Clear Narrative Text. The chapters in Advanced Tort Law: A Problem Approach focus on five intriguing subjects which normally receive little attention in basic torts courses: misrepresentation, defamation, invasion of privacy, tortious interference, and injurious falsehood. In each chapter, the law is laid out in a clear narrative format, which quotes liberally from pertinent court opinions, statutes, and other sources. Because upper-level law students are already well acquainted with the American litigation process, each topic focuses primarily on operative rules and policies, and their application to particular fact situations. The text minimizes the procedural complexities of cases that have already been decided.

     

    ·         Fifty-Six Discussion Problems. The main instructional feature of Advanced Tort Law: A Problem Approach is the fifty-six discussion problems. Roughly every eight to ten pages, there is a problem for students to prepare in advance of class. A good answer requires a confident grasp of the rules, concepts, and principles addressed in the text or in basic law school courses. The problems, which test whether students have learned the assigned material, are designed to form the basis for classroom discussions. If a class meets twice a week over the course of a typical law school semester, each reading assignment is likely to include about fifteen to twenty pages of reading material and two discussion problems. Other advanced torts books have few or no discussion problems, or contain discussion problems only in some chapters. Advanced Tort Law: A Problem Approach is the only textbook that uses discussion problems as the principal teaching device for every topic in the book.

     

    ·         Preparation for Practicing Law in the 21st Century. Many of the problems in Advanced Tort Law: A Problem Approach are based on actual cases or stories in the news. With rare exceptions, the names have been changed. The facts in the problems often diverge from those which gave rise to the underlying disputes in order to raise questions important to the course. The discussion problems challenge students to explore how the law applies to the kinds of facts they will encounter in twenty-first century law practice. There is an abundance of citations to cases decided since 2000. The hypothetical scenarios are designed to help users of the book develop the problem-solving skills that effective lawyers need today.

     

    ·         Cutting-Edge Legal Issues in the Digital Age. Although the torts discussed in this book are ancient in origin, they are often on the front lines of litigation in the Digital Age. There are abundant references to issues raised by recent communications technology developments, including blogging, texting, and social networking. The book addresses numerous practical questions that Americans confront in contemporary life, such as the liability issues that arise from anonymous postings on the Internet or from corporate press releases designed to mislead investors.

     

    Table of Contents

     

    Chapter 1 BEYOND PHYSICAL HARM

    A. THE SUBJECT MATTER OF "ADVANCED" TORT LAW

    B. LIABILITY FOR ECONOMIC LOSSES

     

    Chapter 2 MISREPRESENTATION

    A. FRAUD

    B. NEGLIGENT MISREPRESENTATION

    C. STRICT LIABILITY FOR MISREPRESENTATION

    D. CONSTRUCTIVE FRAUD

    E. REVIEW

     

    Chapter 3 DEFAMATION

    A. TRADITIONAL RULES AND CONSTITUTIONAL TRANSFORMATION

    B. LIBEL AND SLANDER

    C. WHAT STATEMENTS ARE DEFAMATORY?

    D. FALSITY REQUIREMENT

    E. COLLOQUIUM REQUIREMENT: "OF AND CONCERNING THE PLAINTIFF"

    F. PUBLICATION

    G. FAULT AS TO FALSITY UNDER CONSTITUTIONAL PRINCIPLES

    H. DAMAGES

    I. DEFENSES AND OBSTACLES TO RECOVERY

    J. REVIEW

     

    Chapter 4 INVASION OF PRIVACY

    A. OVERVIEW

    B. DISCLOSURE OF PRIVATE FACTS

    C. INTRUSION UPON SECLUSION OR PRIVATE AFFAIRS

    D. FALSE LIGHT

    E. APPROPRIATION OF NAME OR LIKENESS

     

    Chapter 5 TORTIOUS INTERFERENCE

    A. THE LAW OF TORTIOUS INTERFERENCE

    B. CULPABILITY

    C. INTERFERENCE WITH CONTRACT

    D. INTERFERENCE WITH PROSPECTIVE ADVANTAGE

    E. ESTABLISHING IMPROPRIETY OR LACK OF JUSTIFICATION

    F. DAMAGES

    G. SPECIAL ISSUES

    H. REVIEW

     

    Chapter 6 INJURIOUS FALSEHOOD

    A. INJURIOUS FALSEHOOD: IN GENERAL

    B. SLANDER OF TITLE

    C. TRADE LIBEL

    D. DEFENSES, PRIVILEGES, AND OTHER OBSTACLES TO RECOVERY

    E. REVIEW

     

    TABLE OF CASES

     

    INDEX

     

    Vincent R. Johnson


    Vincent R. Johnson is a Professor of Law at St. Mary's University School of Law since 1982 where he teaches Tort Law, Legal Ethics, Remedies and Legal Malpractice. Professor Johnson was Associate Dean for Academic and Student Affairs from 2002-2005 and Associate Dean for Administration from 2001-2002 at St. Mary's University School of Law as well as a visiting professor at many universities in the U.S. and abroad. He was a recipient of Administration of Justice Award, presented at the Supreme Court of the United States in 2006, by the Supreme Court Fellows Alumni Association "in recognition of many contributions to the understanding of the American legal system through a distinguished career teaching law" and Distinguished Eagle Scout Award, a national award presented by the Boy Scouts of America for distinguished service to profession and community, May 2008. Professor Johnson was an International Scholar, National University of Kyiv-Mohyla Academy, Ukraine, 2006-2007. He was a lecturer on Legal Ethics and Government Ethics, republic of Moldova, ABA Central European and Eurasian Law Initiative (CEELI), June 2005 and on Legal and Judicial Ethics, ABA Asia Law Initiative, and Mongolia Legal Reform Program, 2004. Professor Johnson was a reporter for Standards on State Judicial Retirement (adopted by the ABA House of Delegates) from 1991-2001. He was a Judicial Fellow at the Supreme Court of the United States from 1988-1989. Professor Johnson served as a law clerk to the Hon. Bernard S Meyer of the New York Court of Appeals and the Hon. Thomas E. Fairchild, Chief Judge of the United States Court of Appeals for the Seventh Circuit after completing his studies at Yale Law School. Professor Johnson has authored several books and articles.

     

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