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Contracting for Torts
Get PDFThis article focuses on agreements to commit or induce the commission of a tort Examples include an agreement between factories to use a production process that would pollute a lake or an agreement where one entices another to publish a false statement by promising to share the cost of the injury Such agreements are unenforceable under contract law However the article reveals that tort law not only enforces such wrongdoings it encourages them Tort law picks up where contract law leaves off Tort law allows the injurers who acted on the agreement the polluting factories and the publisher to recover expectation damages from the breaching party who behaved carefully the factory that promised to use a polluting process but did not pollute It also requires the party who commissioned a wrong the one who enticed the publisher and then refused to shoulder the cost of the victim\u27s injury to pay her share as promised Tort law even goes a step further and facilitates torttracting ”the act of agreeing or precommitting to engage in or sponsor a wrongdoing The result is ironic tort law invites polices and enforces wrongdoing The article explains how tort law allows parties to enter into agreements to commit or induce a tort and how they are enforced In doing so the article sheds a new light on some of the most divisive controversies that have preoccupied scholars and paved their way into the Restatements of Torts and it provides guidance to courts and policymaker
A time to stand
No full textAdisa Johnson is living her dream of practicing law with a prestigious firm in downtown Atlanta. Then a split-second mistake changes the course of her career. Left with no other options, Adisa returns to her hometown where a few days earlier a white police officer shot an unarmed black teen who is now lying comatose in the hospital. Adisa is itching to jump into the fight as a special prosecutor but feels pulled to do what she considers unthinkable as a young black woman—defend the officer. As the court case unfolds, everyone in the small community must confront their own prejudices. Caught in the middle, Adisa also tries to chart her way along a path complicated by her budding relationship with a charismatic young preacher who leads the local movement demanding the police officer answer for his crime. In a small Georgia town where racial tensions run high and lives are at stake, can one lawyer stand up for justice against the tides of prejudice?https://scholarship.law.ua.edu/harper_lee_prize_books_2018/1026/thumbnail.jp
Shining city
No full textPeter Rena is a “fixer.” He and his partner, Randi Brooks, earn their living making the problems of the powerful disappear. They get their biggest job yet when the White House hires them to vet the president’s nominee for the Supreme Court. Judge Roland Madison is a legal giant, but he’s a political maverick, with views that might make the already tricky confirmation process even more difficult. Rena and his team go full-bore to cover every inch of the judge’s past, while the competing factions of Washington D.C. mobilize with frightening intensity: ambitious senators, garrulous journalists, and wily power players on both sides of the aisle. All of that becomes background when a string of seemingly random killings overlaps with Rena’s investigation, with Judge Madison a possible target. Racing against the clock to keep his nominee safe, the President satisfied, and the political wolves at bay, Rena learns just how dangerous Washington’s obsession with power—how to get it and how to keep it—can be. Written with razor-sharp political insight and heart-pounding action, Shining City is a hugely impressive debut that announces a major new talent.https://scholarship.law.ua.edu/harper_lee_prize_books_2018/1020/thumbnail.jp
Proof
No full textWinner of the Harper Lee Prize for Legal Fiction. In this gripping sequel to C.E. Tobisman’s legal thriller Doubt, techie turned attorney Caroline Auden struggles to move on with her life after her last case nearly destroyed her career. Still haunted by the betrayal that forced her to leave a prestigious law firm, Caroline Auden struggles to keep her fledgling practice afloat―and her paranoia in check. When her grandmother dies, she mourns losing the only constant in her life. But grief soon turns to suspicion when she discovers her grandmother left her entire estate―including a valuable antique watch, the family’s sole heirloom’to a charity called Oasis Care. On the surface, Oasis helps society’s outcasts, like Caroline’s alcoholic, homeless uncle. But as she digs deeper, Caroline uncovers a sinister plot that sends her running for her life on the dangerous streets of Los Angeles. Plunged into a world of addicts and broken souls and operating without a phone or a computer, Caroline finds sanctuary with her uncle and a ragtag group of outcasts while building evidence for her case. As she sifts through the shadowy world of the Goliath nonprofit, Caroline is also forced to confront her own dark shadows, casting doubt on her ability―and her sanity.https://scholarship.law.ua.edu/harper_lee_prize_books_2018/1023/thumbnail.jp
April fool
No full textA new edition of the Arthur Ellis Award winning crime novel Arthur Beauchamp, the scholarly, self-doubting legend of the B.C. criminal bar, is enjoying his retirement on B.C.’s Garibaldi Island when he is dragged back to court to defend an old client. Nick “The Owl” Faloon, one of the world’s top jewel thieves, has been accused of raping and murdering a psychologist. Beauchamp has scarcely registered how unlikely it is that the rascally Faloon could commit a savage murder when his own personal life takes an abrupt turn. His new wife, Margaret Blake, organic farmer and environmental activist, has taken up residence 50 feet above ground in a tree of an old-growth forest that she is determined to save for the eagles and from the loggers. Beauchamp shuttles between Vancouver and the island, doing what he can to defend Faloon, save the forest, and rescue his wife. Part courtroom thriller, part classic whodunit, April Fool sees Deverell writing at the top of his form, with a big dollop of humour.https://scholarship.law.ua.edu/harper_lee_prize_books_2018/1003/thumbnail.jp
Exposed : a Rosato & DiNunzio novel
No full textA BATTLE FOR JUSTICE PITS PARTNER AGAINST PARTNER... Mary DiNunzio wants to represent her old friend Simon Pensiera, a sales rep who was wrongly fired by his company, but her partner Bennie Rosato represents the parent company. When she confronts Mary, explaining this is a conflict of interest, an epic battle of wills and legal strategy between the two ensues―ripping the law firm apart, forcing everyone to take sides and turning friend against friend. SOMETIMES LOYALTY CAN BE LETHAL.https://scholarship.law.ua.edu/harper_lee_prize_books_2018/1021/thumbnail.jp
Testimony
No full textAt the age of fifty, former prosecutor Bill ten Boom has walked out on everything he thought was important to him: his law career, his wife, Kindle County, even his country. Still, when he is tapped by the International Criminal Court--an organization charged with prosecuting crimes against humanity--he feels drawn to what will become the most elusive case of his career. Over ten years ago, in the apocalyptic chaos following the Bosnian war, an entire Roma refugee camp vanished. Now for the first time, a witness has stepped forward: Ferko Rincic claims that armed men marched the camp\u27s Gypsy residents to a cave in the middle of the night--and then with a hand grenade set off an avalanche, burying 400 people alive. Only Ferko survived. Boom\u27s task is to examine Ferko\u27s claims and determinine who might have massacred the Roma. His investigation takes him from the International Criminal Court\u27s base in Holland to the cities and villages of Bosnia and secret meetings in Washington, DC, as Boom sorts through a host of suspects, ranging from Serb paramilitaries, to organized crime gangs, to the US government itself, while also maneuvering among the alliances and treacheries of those connected to the case: Layton Merriwell, a disgraced US major general desperate to salvage his reputation; Sergeant Major Atilla Doby,a vital cog in American military operations near the camp at the time of the Roma\u27s disappearance; Laza Kajevic, the brutal former leader of the Bosnian Serbs; Esma Czarni, Ferko\u27s alluring barrister; and of course, Ferko himself, on whose testimony the entire case rests-and who may know more than he\u27s telling. A master of the legal thriller, Scott Turow has returned with his most irresistibly confounding and satisfying novel yet.https://scholarship.law.ua.edu/harper_lee_prize_books_2018/1025/thumbnail.jp
Little boy lost
No full textA broken city, a missing young man, and a lawyer searching for truth when nobody else cares. Attorney Justin Glass’s practice, housed in a shabby office on the north side of Saint Louis, isn’t doing so well that he can afford to work for free. But when eight-year-old Tanisha Walker offers him a jar full of change to find her missing brother, he doesn’t have the heart to turn her away. Justin had hoped to find the boy alive and well. But all that was found of Devon Walker was his brutally murdered body―and the bodies of twelve other African American teenagers, all discarded like trash in a mass grave. Each had been reported missing. And none had been investigated. As simmering racial tensions explode into violence, Justin finds himself caught in the tide. And as he gives voice to the discontent plaguing the city’s forgotten and ignored, he vows to search for the killer who preys upon them.https://scholarship.law.ua.edu/harper_lee_prize_books_2018/1024/thumbnail.jp
UN counter-proliferation sanctions and international law
No full textSince the end of the Cold War we have witnessed an unprecedented intensification of the use of sanctions by the UN Security Council. This study of the current practice of UN sanctions in international law includes the different types of UN sanctions regimes, notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. It covers their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.https://scholarship.law.ua.edu/fac_bookchapter/1024/thumbnail.jp
