Torts: Doctrine and Process

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There are many torts textbooks on the market, and each one serves its authors' particular pedagogical objectives as well as their sense of the needs of the students who will use it. This textbook was designed with three principal objectives in mind:

First, this book is intended to cover a complete first-year course in a way that is appropriately rigorous and that best meets the highest intellectual and analytical capabilities of students. The cases and materials in this book are designed primarily for extraction learning: they are framed so their doctrinal context is clear, but as with law practice, the rule and other relevant information are generally derived through careful reading and analysis.

Second, this book will prepare students to litigate difficult torts issues in the most contemporary settings. To this end, the approach is primarily doctrinal, and where other approaches—normative, economic, philosophical, and theoretical—are included, students are encouraged to think about their utility and merits as they implicate and fit within the law's existing doctrinal structure.

Third, materials feature the relationship between the "black letter" or substantive law of torts, the rules of civil procedure, and the decisions and judgments required of practicing lawyers. The goal is for students to see torts where they exist in the practice of law at the juncture of the rules that govern the litigation process and the choices lawyers make using the facts and law to build arguments within those rules.

This book exists to combine these three objectives in a way that provides the strongest possible educational foundation for students learning torts.

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