Tort Law in America

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 9780198020271
Format: PDF, Mobi
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Widely regarded as a standard in the field, G. Edward White's Tort Law in America is a concise and accessible history of the way legal scholars and judges have conceptualized the subject of torts, the reasons that changes in certain rules and doctrines have occurred, and the people who brought about these changes. Now in an expanded edition, Tort Law in America features a new preface that places the book within the current scholarship and two new chapters covering developments in American tort law over the past fifteen years. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late nineteenth and early twentieth centuries in America, and the recurrent concerns of tort law since its emergence as a discrete field. He puts the intellectual history of this unique branch of law into the general picture of philosophy, sociology, and literature in what is not only a major work of legal scholarship but also a tour de force for anyone interested in American intellectual history.

Reader s Guide to American History

Author: Peter J. Parish
Publisher: Taylor & Francis
ISBN: 9781884964220
Format: PDF, ePub, Docs
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There are so many books on so many aspects of the history of the United States, offering such a wide variety of interpretations, that students, teachers, scholars, and librarians often need help and advice on how to find what they want. The Reader's Guide to American History is designed to meet that need by adopting a new and constructive approach to the appreciation of this rich historiography. Each of the 600 entries on topics in political, social and economic history describes and evaluates some 6 to 12 books on the topic, providing guidance to the reader on everything from broad surveys and interpretive works to specialized monographs. The entries are devoted to events and individuals, as well as broader themes, and are written by a team of well over 200 contributors, all scholars of American history.

The Worlds of American Intellectual History

Author: Joel Isaac
Publisher: Oxford University Press
ISBN: 0190459492
Format: PDF, ePub
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The essays in this book demonstrate the breadth and vitality of American intellectual history. Their core theme is the diversity of both American intellectual life and of the frameworks that we must use to make sense of that diversity. The Worlds of American Intellectual History has at its heart studies of American thinkers. Yet it follows these thinkers and their ideas as they have crossed national, institutional, and intellectual boundaries. The volume explores ways in which American ideas have circulated in different cultures. It also examines the multiple sites--from social movements, museums, and courtrooms to popular and scholarly books and periodicals--in which people have articulated and deployed ideas within and beyond the borders of the United States. At these cultural frontiers, the authors demonstrate, multiple interactions have occurred - some friendly and mutually enriching, others laden with tension, misunderstandings, and conflict. The same holds for other kinds of borders, such as those within and between scholarly disciplines, or between American history and the histories of other cultures. The richness of contemporary American intellectual history springs from the variety of worlds with which it must engage. Intellectual historians have always relished being able to move back and forth between close readings of particular texts and efforts to make sense of broader cultural dispositions. That range is on display in this volume, which includes essays by scholars as fully at home in the disciplines of philosophy, literature, economics, sociology, political science, education, science, religion, and law as they are in history. It includes essays by prominent historians of European thought, attuned to the transatlantic conversations in which Europeans and Americans have been engaged since the seventeenth century, and American historians whose work has carried them not only to different regions in North America but across the North Atlantic to Europe, across the South Atlantic to Africa, and across the Pacific to South Asia.

Essays in the History of Canadian Law

Author: George Blaine Baker
Publisher: University of Toronto Press
ISBN: 1442670061
Format: PDF, Docs
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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Medical Malpractice in Nineteenth Century America

Author: Kenneth De Ville
Publisher: NYU Press
ISBN: 0814744168
Format: PDF, Kindle
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Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early Republic By far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy

In Defense of Tort Law

Author: Thomas Koenig
Publisher: NYU Press
ISBN: 0814748996
Format: PDF, ePub, Docs
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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.

Patterns of American Legal Thought

Author: G. Edward White
Publisher: Quid Pro Books
ISBN: 1610270177
Format: PDF
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A renowned legal historian's collection of astute and timeless essays on such subjects as the process, method and debates of legal history; the truth about Holmes and Brandeis; legal realism & its critics; the origins of tort law; appellate opinions as research sources; Brown v. Board and the role of Earl Warren; and the development of gay rights in U.S. constitutional law. Quality digital format.

The Challenge of American History

Author: Louis P. Masur
Publisher: JHU Press
ISBN: 9780801862229
Format: PDF, Kindle
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In The Challenge of American History, Louis Masur brings together a sampling of recent scholarship to determine the key issues preoccupying historians of American history and to contemplate the discipline's direction for the future. The fifteen summary essays included in this volume allow professional historians, history teachers, and students to grasp in a convenient and accessible form what historians have been writing about.