Prosser and Keeton on the law of torts

Author: William Lloyd Prosser

Publisher: West Group

ISBN: N.A

Category: Law

Page: 1286

View: 6038

Emphasizes contemporary developments in order to reflect the shift in tort law toward the plaintiff's side and expanded liability. Expanded coverage is included on subjects such as constitutional privilege in defamation, privacy, product liability, and strict liability. Also reflects the current shift toward compulsory auto insurance and compensation plans.

Clinical Psychiatry and the Law

Author: Robert I. Simon

Publisher: American Psychiatric Pub

ISBN: 9781585621675

Category: Medical

Page: 688

View: 9640

Updates to this edition: * Clinical and legal issues in the use of clozapine in treatment of schizophrenia* Clinical information and new cases involving tardive dyskinesia* Changes in civil and criminal law regarding right to refuse treatment* An update of clinical guidelines and legal regulations of ECT* An update on suicide risk assessment and new legal cases involving suicide* An update on violence risk assessment and new legal cases involving the duty to protect endangered third parties* New statutes and criminal sanctions regarding sexual misconduct * New statutes limiting the liability of therapists toward third parties who are injured or killed by patients* Changes in the relationship between psychiatrists and nonmedical therapists* Regulatory developments regarding physician impairment* Numerous tables and an updated glossary of legal terms* New section on common terms and abbreviations in legal citations

The Great American Blow-Up

Puffery in Advertising and Selling

Author: Ivan L. Preston

Publisher: Univ of Wisconsin Press

ISBN: 9780299152536

Category: Business & Economics

Page: 256

View: 4190

How does advertising really work? This thoroughly revised edition of Ivan Preston’s popular classic, The Great American Blow-Up, provides new examples of puffery and deceit in advertising. Preston examines in detail the role of laws and the Federal Trade Commission in ensuring fair representation of goods and services to consumers. In a new concluding chapter, Preston describes and assesses developments in the field of advertising from the mid–1970s to the present.

Noise

Author: Bart Kosko

Publisher: Penguin

ISBN: 1440627150

Category: Science

Page: 272

View: 2676

The science commentator author of the best-selling Fuzzy Thinking presents a scientific history of noise for general readers, defining noise as an unaesthetic signal that occurs at every level of the universe that has made significant contributions in each period from the ice age to the information age. 20,000 first printing.

In Defense of Tort Law

Author: Thomas Koenig,Michael Rustad

Publisher: NYU Press

ISBN: 0814748996

Category: Law

Page: 345

View: 2402

Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald’s when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely. In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why? Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.

Health Care Risk Management

Organization and Claims Administration

Author: Gary P. Kraus

Publisher: Beard Books

ISBN: 1587980185

Category: Business & Economics

Page: 328

View: 1665

Verschuldensunabhängige Schadensersatzhaftung für Sachmängel beim Warenkauf?

Author: Stefan Kirsten

Publisher: Mohr Siebeck

ISBN: 9783161498923

Category: Law

Page: 441

View: 5098

English summary: While numerous legal systems follow the common law approach of strict liability for breach of contract, German law traditionally adheres to the principle of fault. Nevertheless, since the reform of the law of obligations in 2002, more and more scholars have postulated the renunciation of that principle - for the sake of legal certainty and consumer protection, to promote economic efficiency, or in the interest of the unification of European private law. Using the sale of defective goods as a highly relevant example, Stefan Kirsten questions the persuasive power of that postulate. Taking comparative and economic arguments into account, the author proposes a new foundation of the fault principle in contract law. German description: Wahrend eine Vielzahl auslandischer Rechtsordnungen zu einer Garantiehaftung nach dem Vorbild des Common Law tendiert, folgt das deutsche Privatrecht traditionell dem Verschuldensprinzip. Gleichwohl hat die Kritik an demselben neuen Auftrieb durch die Reformierung des 276 BGB erhalten, dessen unscharfe Formulierung massive Zweifel am Geltungsanspruch des Verschuldensprinzips nahrt. Stefan Kirsten untersucht am Beispiel des Kaufgewahrleistungsrechts, inwieweit diese Zweifel begrundet sind. Dazu referiert er zunachst den Diskussionsstand, bevor er die einzelnen Modalitaten des 276 BGB beleuchtet. Anhand der Kriterien der Gesetzesauslegung erortert er, warum sich das Verschuldensprinzip nicht mit einem pauschalen Rekurs auf allgemeine Rechtsgrundsatze legitimieren lasst. Sodann zeigt er durch einen Vergleich des deutschen und des anglo-amerikanischen Warenkaufrechts die Bedenken gegenuber der Sachgerechtigkeit einer Garantiehaftung auf. Diese werden im Verlauf einer okonomischen Analyse zur Gewissheit: Der Autor legt dar, dass die im reformierten Sachmangelrecht verwirklichte Variante einer verschuldensabhangigen Schadensersatzpflicht dem normativ-hypothetischen Willen der Kaufvertragsparteien und damit dem Prinzip des pacta sunt servanda entspricht. Dieses rechtfertigt eine Garantie- bzw. Risikohaftung nur zum Schutz des kauferischen Vertrauens sowie zur Gewahrleistung einer Kongruenz von Chance und Risiko. Im Lichte dieser Erkenntnis erlautert Stefan Kirsten abschliessend, warum fur eine Schadensersatzhaftung jenseits von 276 BGB keinerlei Bedurfnis besteht.

Financial Expert Witness Communication

A Practical Guide to Reporting and Testimony

Author: Bradley J. Preber

Publisher: John Wiley & Sons

ISBN: 1118753852

Category: Business & Economics

Page: 352

View: 9043

Learn what to expect—and what's expected—as anexpert witness Serving as a financial expert witness or consultant in lawsuitsis a stressful, challenging, and tough business. In FinancialExpert Witness Communication: A Practical Guide to Reporting andTestimony, financial forensic expert Bradley J. Preberleverages more than 30 years of experience to create a practicalguide for financial expert witnesses as they face litigationreporting and testimony. Financial Expert Witness Communication covers all areasof financial litigation including accounting, financial forensics,forensic technology, and damages—all from the point of viewof an expert witness. The book is especially helpful for those whoexpect to be formally designated as an expert witness; however, itis also appropriate for financial forensic accountants, litigationconsultants, and attorneys as they navigate the unique playingfield of the financial litigation process. This book gives financial experts strategies to defend theanalysis, conclusions, and expert opinions they have at theirdisposal. It also provides thorough explanations of compliance,data limitations, and due diligence as well as how to handledemanding legal counsel, with a goal of better preparing them forthe entire legal process. The book is part of the Wiley Corporate F&A Series and wascreated as an educational resource for nonattorney financialexperts involved with U.S.-based civil litigation or alternativedispute resolution proceedings. It takes a well-rounded approach byincluding special chapters on such concepts as retention,privilege, responsibilities, ethics, and testimony, all written bya nationally recognized expert. As a bonus, the companion websitepresents an additional expert witness case study and guidelines forfulfilling an expert witness role.

Electronic Commerce

Author: Ronald J. Mann

Publisher: Wolters Kluwer Law & Business

ISBN: 1454824158

Category: Law

Page: 936

View: 2878

The only casebook dealing with e-commerce, Electronic Commerce, Fourth Edition, utilizes problems to expound a transactional approach to electronic commerce. Written by Ronald J. Mann, a preeminent and prolific Commercial Law scholar, this system-oriented text is structured around the hypothetical representation of a technology company. The new edition has been meticulously updated with the latest cases and problems that reflect those cases and current issues. This concise casebook offers: Distinguished authorship: Ronald Mann is a leading scholar in Commercial Law and recently served as Reporter for revisions to UCC Articles 3, 4, and 4A. Lucid and concise reading assignments that use non-technical language whenever possible. Need-to-know technology is explained clearly and accessibly. Exercises that clearly illustrate current issues in e-commerce practice. Dozens of separate assignments so that professors can easily concentrate on their own areas of interest. Coverage of important commercial law topics, including: Click-through contracts Cybersquatting Web site development Software licensing Electronic payments New to the Fourth Edition: Updated problems based on recent case law and current issues. New cases, including: Rescuecom Corp. v. Google & Second Circuit decision permitting lawsuit against Google for selling ads based on trademarked name Jacobsen v. Katzer & First appellate decision validating licenses for open-source software Jaynes v. Commonwealth of Virginia & Virginia Supreme Court case invalidating Virginia anti-spam law under First Amendment Fair Housing Council v. Roommates.com & Ninth Circuit en banc decision on liability of Web site for discriminatory postings seeking roommates Chicago Lawyers & Committee for Civil Rights Under Law, Inc. v. CraigsList, Inc. & Easterbrook decision exonerating CraigsList for behavior similar to Roommates behavior condemned by Ninth Circuit Conwell v. Gray Loon Outdoor Marketing Group, Inc. & Indiana Supreme Court case interpreting contract for design of Web site

Sports Law

Author: Patrick K. Thornton

Publisher: Jones & Bartlett Publishers

ISBN: 1449611311

Category: Sports & Recreation

Page: 823

View: 8257

Sports Law looks at major court cases, statutes, and regulations that explore a variety of legal issues in the sports industry. The early chapters provide an overview of sports law in general terms and explore its impact on race, politics, religion, and everyday affairs. Later chapters address hot button issues such as gender equity, drug testing, and discrimination. Written from a sport management perspective, rather than from a lawyer s, this text covers all the major areas presented in sports law today including: cases relating to torts, contracts, intellectual property, and agents. Factual scenarios throughout the text allow students to critically examine and apply sport management principles to legal issues facing the sports executive. Important Notice: The digital edition of this book is missing some of the images or content found in the physical edition."

After the Crime

Victim Decision Making

Author: Martin S. Greenberg,R. Barry Ruback

Publisher: Springer Science & Business Media

ISBN: 1461533341

Category: Psychology

Page: 293

View: 4613

Analyzing the findings of 20 studies, involving more than 5,000 people, this book explores the decision making process of the crime victim in the immediate aftermath of victimization. Using a broad range of innovative research techniques, the authors assess the effects of rape, robbery, burglary, and theft on individuals from diverse nationalities and ethnic backgrounds. This work will be of value to people who work directly with crime victims, and to researchers who are interested in the process of decision making under stressful circumstances.

The Oxford Handbook of Behavioral Economics and the Law

Author: Eyal Zamir,Doron Teichman

Publisher: Oxford University Press

ISBN: 0199397953

Category: Psychology

Page: 496

View: 3635

The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Legal Self Defense for Mental Health Practitioners

Quality Care and Risk Management Strategies

Author: Robert Henley Woody, Sr., PhD, JD

Publisher: Springer Publishing Company

ISBN: 0826195660

Category: Psychology

Page: 184

View: 9740

"It is difficult to find books that provide such a wealth of information on legal issues for practicing clinicians. This is a solidly written, invaluable resource that all practicing mental health professionals must read." Score: 97, 5 Stars.--Doody's Medical Reviews "Legal Self-Defense for Mental Health Practitioners is interesting, informative, andcommitted to professional, ethical quality care of service recipients....Woody offers many useful risk managementstrategies for mental health professionals....[and his] discussions are provocative and are supported by current, well-established references."--PsycCRITIQUES "I give high marks to Legal Self-Defense for Mental Health Practitioners because it presents a real-world perspective and no-nonsense analysis....As impressive, is that this valuable information is packed into a mere 153 pages, making the book an economical investment of time for the knowledge that is gained."--New England Psychologist At some point in their careers, mental health professionals may face legal action from clients. Clients may be noncompliant regarding policies agreed upon at the outset of therapeutic services, not adhere to an individualized treatment plan, be inappropriately aggressive, and file unjustified ethics and licensing complaints and/or lawsuits. Unfortunately, many mental health practitioners are not prepared for such actions and suffer great distress that affects their professional and personal lives. This practical text, written by an author who is both a psychologist and an attorney, demonstrates how mental health professionals can avoid legally actionable mistakes in their practices and what to do if they occur. Reflecting contemporary social policy and laws regarding mental health services, the text emphasizes the protection of rights for both practitioner and client, and addresses such pitfalls as malpractice, licensing hearings, noncompliant clients, and dealing with the legal system. It distills the authorís wisdom, gained over more than 30 years of legal counsel to all types of mental health practitioners, and describes how to improve practice strategies for achieving quality care, confront ethics and licensing complaints, and defend against potential or actual lawsuits. Additionally, the book covers individualized treatment planning, effective record keeping, how to deal with dangerous clients, how to insulate yourself from risk, and more. Numerous real life examples further help practitioners foster the knowledge and skills to assertively defend their rights should the need arise. Key Features: Illustrates how to avoid legally actionable mistakes in assessment and treatment Covers such issues as effective record keeping, treatment planning, dealing with dangerous or non-compliant clients, protecting your practice, and more Helps mental health professionals foster a ìwarriorî mentality when faced with unjust allegations of wrongdoing Presents numerous real-life cases

Medical Malpractice

A Physician's Sourcebook

Author: Richard E. Anderson

Publisher: Springer Science & Business Media

ISBN: 9781592598458

Category: Medical

Page: 301

View: 2308

Books such as this one are deceptively difficult to create. The general subject is neither happy, nor easy, nor most anyone’s idea of fun. M- practice litigation, however, has become a central fact of existence in the practice of medicine today. This tsunami of lawsuits has led to a high volume of irreconcilable rhetoric and ultimately threatens the stability of the entire health care system. Our goal has been to provide a source of reliable information on a subject of importance to all who provide me- cal care in the United States. The book is divided into four sections. Part I gives an overview of insurance in general and discusses the organization of professional - ability insurance companies in particular. Part II focuses on the litigation process itself with views from the defense and plaintiff bar, and the physician as both expert and defendant. Part III looks at malpractice litigation from the viewpoint of the practicing physician. Some of the chapters are broadly relevant to all doctors—the rise of e-medicine, and the importance of effective communication, for example. The other ch- ters are constructed around individual medical specialties, but discuss issues that are of potential interest to all. Part IV looks ahead. “The Case for Legal Reform” presents changes in medical-legal jurisprudence that can be of immediate benefit. The final two chapters take a broader perspective on aspects of our entire health care system and its interface with law and public policy.

Lender Liability and Banking Litigation

Author: Edward F. Mannino

Publisher: Law Journal Press

ISBN: 9781588520500

Category: Law

Page: 800

View: 3936

This book analyzes theories of liability and provides in-depth discussion of: RICO; planning, budgeting and monitoring litigation from the perspective of inside counsel and more.

Holocaust Justice

The Battle for Restitution in America's Courts

Author: Michael J. Bazyler

Publisher: NYU Press

ISBN: 081472938X

Category: History

Page: 411

View: 4286

The Holocaust was not only the greatest murder in history; it was also the greatest theft. Historians estimate that the Nazis stole roughly $230 billion to $320 billion in assets (figured in today’s dollars), from the Jews of Europe. Since the revelations concerning the wartime activities of the Swiss banks first broke in the late 1990s, an ever-widening circle of complicity and wrongdoing against Jews and other victims has emerged in the course of lawsuits waged by American lawyers. These suits involved German corporations, French and Austrian banks, European insurance companies, and double thefts of art—first by the Nazis, and then by museums and private collectors refusing to give them up. All of these injustices have come to light thanks to the American legal system. Holocaust Justice is the first book to tell the complete story of the legal campaign, conducted mainly on American soil, to address these injustices. Michael Bazyler, a legal scholar specializing in human rights and international law, takes an in-depth look at the series of lawsuits that gave rise to a coherent campaign to right historical wrongs. Diplomacy, individual pleas for justice by Holocaust survivors and various Jewish organizations for the last fifty years, and even suits in foreign courts, had not worked. It was only with the intervention of the American courts that elderly Holocaust survivors and millions of other wartime victims throughout the world were awarded compensation, and equally important, acknowledgment of the crimes committed against them. The unique features of the American system of justice—which allowed it to handle claims that originated over fifty years ago and in another part of the world—made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers, Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored. For the first time in history, European and even American corporations are now being forced to pay restitution for war crimes totaling billions of dollars to Holocaust survivors and other victims. Bazyler deftly tells the unfolding stories: the Swiss banks’ attempt to hide dormant bank accounts belonging to Holocaust survivors or heirs of those who perished in the war; German private companies that used slave laborers during World War II—including American subsidiaries in Germany; Italian, Swiss and German insurance companies that refused to pay on prewar policies; and the legal wrangle going on today in American courts over art looted by the Nazis in wartime Europe. He describes both the human and legal dramas involved in the struggle for restitution, bringing the often-forgotten voices of Holocaust survivors to the forefront. He also addresses the controversial legal and moral issues over Holocaust restitution and the ethical debates over the distribution of funds. With an eye to the future, Bazyler discusses the enduring legacy of Holocaust restitution litigation, which is already being used as a model for obtaining justice for historical wrongs on both the domestic and international stage.

Cancer of the Skin E-Book

Expert Consult

Author: Eggert Stockfleth

Publisher: Elsevier Health Sciences

ISBN: 1437736149

Category: Medical

Page: 720

View: 3474

Cancer of the Skin, edited by Drs. Rigel, Robinson, Ross, Friedman, Cockerell, Lim, Stockfleth, and Kirkwood, is your complete, multimedia guide to early diagnosis and effective medical and surgical treatment of melanoma and other skin cancers. Thoroughly updated with 11 new chapters, this broad-based, comprehensive reference provides you with the latest information on clinical genetics and genomics of skin cancer, targeted therapy for melanoma, the Vitamin D debate concerning the risks and benefits of sun exposure, and other timely topics. A new, multi-disciplinary team of contributors and editors comprised of leading experts in this field offers truly diverse perspectives and worldwide best practices. Broaden your understanding of all aspects of skin cancer—from the underlying biology to clinical manifestations of the disease to diagnosis, and medical and surgical treatment—with this easy-to-use, comprehensive, multimedia reference. See conditions as they appear in practice with guidance from detailed full-color images and step-by-step procedural videos. Stay current with the latest advancements and therapies! 11 new chapters cover clinical genetics and genomics of skin cancer, targeted therapy for melanoma, the Vitamin D debate concerning the risks and benefits of sun exposure, and other essential topics. Get truly diverse perspectives and worldwide best practices from a new, multi-disciplinary team of contributors and editors comprised of the world’s leading experts Access the complete text online—including image bank and video library—at www.expertconsult.com

Homeland Security

Legal and Policy Issues

Author: Joe D. Whitley,Lynne K. Zusman

Publisher: American Bar Association

ISBN: 9781604424621

Category: Law

Page: 284

View: 8331

"To be well-informed on Homeland Security law this book is a must read." The Honorable Tom Ridge, Chair of Ridge Global, Former Secretary of the U.S. Department of Homeland Security and Former Governor of Pennsylvania "This volume will refine your focus and sharpen your analysis of critical legal issues vital to American national security."ù John Ashcroft, Chairman of The Ashcroft Group, LLC and The Ashcroft Law Firm, LLC, Former U.S. Attorney General "This book brings into clear fortes the breadth and complexity of Homeland Security legal and policy issues."ùJudge Michael Chertoff, Partner at Covington & Burling, Former Secretary of the U.S. Department of Homeland Security "I would encourage lawyers who want to become better acquainted with the legal issues confronting Homeland Security policy makers to keep a copy of Homeland Security: Legal and Policy Issues in their library. This insightful book contains valuable information regarding this new discipline."ù Larry D. Thompson, Senior Vice President and General Counsel of PepsiCo, Former Deputy Attorney General with the U.S. Department of Justice "Homeland Security: Legal and Policy Issues is that long overdue compendium for those who have watched this dramatic new legal discipline emerge in the wake of 9/11. Those who would serve their nation by interpreting and litigating the security legalities of this very new world will be well served to have this on their reference shelf"ù Admiral James M. Loy, USCG (Commandant, Ret), Former Deputy Secretary of Homeland Security and Administrator of the U.S. Transportation Security Administration "This book provides a guiding compass for those who are challenged with navigating through the dynamic legal and policy currents of homeland Security. It will keep you on course and off the shoals."ùJay B. Stephens, Senior Vice President, General Counsel and Secretary, Raytheon Company, Former U.S. Associate Attorney General and U.S. Attorney "In a single volume, these authors have succeeded in highlighting both the breadth of the recent changes in homeland security law and policy and the most critical legal challenges that the homeland security community is facing today."ù Kenneth A. Wainstein, Partner at O'Melveny & Myers Former Assistant to the President for Homeland Security and Counterterrorism, Former U.S. Attorney