Background
James, Fleming was born on March 26, 1904 in Shanghai, China. Son of Fleming and Rebecca (Godwin) James. (parents American citizens).
(This casebook is designed for the professor who takes ser...)
This casebook is designed for the professor who takes seriously the often-articulated goals of teaching case analysis and the impact of social and economic factors on the common law. Enough of the majority opinions, and often the dissenting opinions, is presented to illustrate how the cases fit together with precedents and to enable students to evaluate competing arguments. The latest edition, though streamlined from previous editions, adds both coverage of emerging areas of liability, including claims under the alien tort statute, and traditional torts applied in new factual contexts, such as cyberspace and bio-medical engineering.
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(For more than seventy years, leading torts scholars at th...)
For more than seventy years, leading torts scholars at the Yale Law School and elsewhere have used this casebook. It unconventionally begins with strict liability. A recent study published by the Arizona State Law Journal shows that this sequence results in students experiencing a greater appreciation of “the judge’s role as being influenced by social, economic, and ideological factors and a sense of fairness and less as a process of rule application than do students who begin their study with either intentional torts or negligence.” The Sixth Edition is more accessible to students because of substantially expanded textual explanations and more tightly edited opinions. Updates include frequent discussions of Restatement (Third) provisions and a significant number of recently decided cases including several from the Supreme Court addressing products preemption, displacement in climate change litigation, and First Amendment limits on liability for intentional infliction of emotional distress. Comprehensive Changes • A new appendix to the casebook, “The Litigation Process,” facilitates the student’s introduction to the torts litigation process. • Relevant provisions of the recently adopted Restatement (Third) of Torts are quoted throughout the text. • The Sixth Edition adds an unusual number of recently decided cases, including several from the Supreme Court of the United States addressing issues such as preemption, displacement in climate change litigation, and First Amendment limits on the tort of intentional infliction of emotional distress. • The amount of textual explanation in introductions and in notes has been greatly expanded to facilitate the student’s understanding. In addition, the enhanced notes often ask students to consider newly added questions as they read the opinions and prepare for classroom discussion. • The excerpted opinions are more tightly edited. • The chapter in the previous edition that addressed damages has been split into two chapters, one covering “Damages” and the other, “Other Limitations on Liability Based on Type of Harm.”
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James, Fleming was born on March 26, 1904 in Shanghai, China. Son of Fleming and Rebecca (Godwin) James. (parents American citizens).
AB, Yale University, 1925; Bachelor of Laws, Yale University, 1928; Doctor of Laws (honorary), University Lund, Sweden, 1968; Doctor of Laws (honorary), University Chicago, 1968.
Member of law department, New York, N.H. & H. Railroad Company, 1929-1933;
associate professor, Yale University, New Haven, 1933-1938;
professor of law, Yale University, New Haven, 1938-1941;
Lafayette S. Foster professor of law, Yale University, New Haven, 1941-1968;
Sterling professor of law, Yale University, New Haven, 1968-1972. Acting dean U. Utah School Law, 1939-1940. Director litigation division OPA national office, 1943-1945.
Visiting professor law Harvard, 1957-1958, universities Stockholm, Uppsala, Lund (Sweden), 1968, U. London, 1971, U. Connecticut, 1972-1980.
(This casebook is designed for the professor who takes ser...)
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Member North Haven Board Education, 1938-1942, Zoning Commission, 1936-1939, Town PlanCommn., 1946-1947. Chairman connecticut Board Labor Rels., 1955-1981. Democratic candidate for state senator, 1938, 50.
Town chairman North Haven, 1946-1948. Member American Bar Association, Connecticut Bar Association, New Haven County Bar Association, Corbey Court Club, Phi Beta Kappa, Phi Delta Phi.
Married Harriet Fairchild, June 26, 1930. Children: Fleming, Sarah. Married second Ruth Kaubisch, November 23, 1948.