John C. P. Goldberg

Benjamin Charles Zipursky

Christina Brooks Whitman, Francis A. Allen Collegiate Professor of Law, University of Michigan Law School --

Torts

The Oxford Introductions to U.S. Law

Benjamin C. Zipursky

"Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--

Recognizing Wrongs

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

Andrew S. Gold

Henry E. Smith

Carter Professor of General Jurisprudence John C P Goldberg

Daniel B. Kelly

Frank B Ingersol Professor of Law Emily Sherwin

"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

The Oxford Handbook of the New Private Law

Barry Friedman

Open Book: Succeeding on Exams from the First Day of Law School is accompanied by the Web site www.openbooklaw.com Wolters Kluwer Law & Business adds an outstanding volume to its list of practical tools for law school success - a contemporary, accessible and complete guide to exam preparation by two leading scholars and teachers Wolters Kluwer Law and Business is known for its essential guides for law school success. Now Open Book: Succeeding on Exams from the First Day of Law School offers today's law students more than simple exam preparation. The authors, both award-winning teachers with a wealth of classroom experience, reveal what professors really look for in exam answers. By linking exam-taking to the actual practice of law, they explain what it means to "think like a lawyer" in an exam setting, and how to get the most out of classes. Open Book also showcases a distinctive central pedagogy, "the pinball method of exam-taking," and provides detailed examples and a wealth of concrete exam-taking techniques. Initial reviewers―including professors teaching core 1L classes, writing instructors and law school administrators―have been unanimous and enthusiastic in their praise. Numerous student reviewers have likewise remarked that it changed their study habits and their entire outlook on law school. With straightforward prose, memorable, and often humorous illustrations, and a unique insider's perspective, Open Book: Succeeding on Exams from the First Day of Law School opens a clear path to law school success. Open Book is available both in print and e-book formats. An accompanying Web site provides all print book and e-book purchasers with access to free sample outlines, class notes, and class briefs. In addition, the Web site offers, as paid content, actual law school exams in all of the standard 1L subjects (Civil Procedure, Constitutional Law, Contracts, Criminal Law, Property, and Torts) along with feedback memos prepared by the professors who wrote and administered these exams, and actual student answers annotated by the same professors. Features of Open Book: Succeeding on Exams from the First Day of Law School Accompanied by Web site www.openbooklaw.com ISBN for the book to look it up is: 9781454806073 High-profile, experienced authors Advice derived from years of hands-on experience teaching almost every standard 1L course Distinctive central pedagogy: "the pinball method" of exam-taking Explains not just the "how" but the "why" of law school exams-- what makes law school exams unique Numerous detailed examples provide concrete demonstrations of exam-taking techniques Straightforward, often humorous style encourages engagement Key points accented with memorable illustrations Not just an exam prep book; guidance on getting the most out of classes and law school Extensive developmental reviews from 1L professors, writing instructors, and law school administrators, unanimously stellar Current law students reported the manuscript changed study habits and outlook on law school Accompanied by Web site www.openbooklaw.com Free content: sample outlines, class notes, case briefs Paid content: actual exams, real student answers annotated, feedback memos from professors Testimonial: Open book is a helpful resource for every law student. I received the book as a 1L and it provided an

Succeeding on Exams from the First Day of Law School

Open Book

P. G. Turner

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

John C. P. Goldberg

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