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Studies in American Tort Law

Fourth Edition

by Vincent R. Johnson, Alan Gunn

2009 • $95.00 • 1116 pp • casebound • ISBN: 978-1-59460-699-1 • LCCN 2009928147

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A careful mix of law, policy, ethics, and economics, Studies in American Tort Law is designed for first-year torts courses. Recognizing that torts is a prime battleground for social policy, this book seeks to reflect not only the current rules on injury compensation, but also the policy choices underlying those rules. Within a clear, doctrinal framework, a range of views is presented, reflecting dominant themes in tort law. Students are introduced to, but not overwhelmed with, law and economics. Economic analysis is employed when particularly useful (e.g., in connection with the negligence balancing test, strict liability, and calculation of damages). The law-and-economics notes can be used as a starting point for classroom discussion, or they can be allowed to stand on their own, without need for elaboration. The fourth edition includes: 

• Comprehensive citations to the Restatement, Third, of Torts (including the new sections on intentional and negligent infliction of emotional distress)
• The latest Supreme Court precedent on punitive damages (Philip Morris USA v. Williams, 549 U.S. 346, 353-55 (2007) and Exxon Shipping Co. v. Baker, 128 S. Ct. 2605 (U.S. 2008)) and preemption (Wyeth v. Levine, 129 S. Ct. 1187 (2009))
• Readable statutory excerpts reflecting new legislative developments (including state laws changing the duty to retreat and federal legislation greatly limiting the liability of handgun marketers and distributors)
• Careful attention to ethical issues in the practice of law (especially those that give rise to legal malpractice claims);
• Twenty-two new principal cases—roughly one for each chapter (including decisions relating to clergy sexual abuse, negligent enablement of identity theft, loss of a chance, claims against lead paint manufacturers, videotaping of marital relations, recreational drug use, and coerced placement of a child for adoption);
• Notes dealing with cutting edge issues (such the economic loss rule, liability of study abroad programs, and legal recognition of credit monitoring damages); and
• Scores of citations to new court decisions.

Slightly smaller than the third edition, the fourth edition is completely up-to-date to 2009, including a rich selection of materials reflecting how tort law is practiced and how cases are decided in the Twenty-first Century.

Mastering Torts: A Student's Guide to the Law of Torts (4th ed.), a short narrative text which parallels the casebook, assists students to fully understand this area of law.

A Power Point file containing roughly 200 slides corresponding to Studies in American Tort Law is available to adopting professors. To request the file, contact Vincent R. Johnson at vjohnson@stmarytx.edu.