Abstract

http://ssrn.com/abstract=1632454
 


 



Practical Global Tort Litigation: United States, Germany & Argentina


Andrew Jay McClurg


University of Memphis Cecil C. Humphreys School of Law

Adem Koyuncu


affiliation not provided to SSRN

Luis Eduardo Sprovieri


affiliation not provided to SSRN

2007

A. McClurg, A. Koyuncu & L. Sprovieri, PRACTICAL GLOBAL TORT LITIGATION: UNITED STATES, GERMANY & ARGENTINA, Carolina Academic Press, 2007
University of Memphis Legal Studies Research Paper No. 35

Abstract:     
As a member of the founding faculty at the Florida International University College of Law (2002-06), where every course, even domestic law courses, must contain a comparative or international law component, McClurg and others struggled to find a balance between unhelpful overly broad survey-type coverage (“Today we’re going to compare the law of the entire world.”) and more meaningful but too narrow coverage of discrete issues (“Today we’re going to explore interpretations of article 1(c)(ii) of the Convention on International Liability for Damage Caused by Space Objects.”). As a result, he developed the idea for the Contextual Approach Series in Comparative Law, published by Carolina Academic Press.

His idea for breadth-depth equilibrium was contextualization: applying the law of different nations to a set of case facts raising legal issues fundamental in the subject area to all people in all legal systems. A case-based approach offers unique advantages. Foremost, it gives writers a foundation for analyzing (rather than just expositing) law and readers a contextual anchor to which they can attach what they’re learning. Applying law to facts promotes analysis that is not only more focused, precise, and accurate, but more accessible and retainable. It is one thing, for example, to recite a general rule about the burden of proof in a given legal system, and quite another to unweave the intricacies of how proof burdens apply to a concrete set of facts. Seeing how different legal systems respond to the same facts highlights similarities and differences directly and in some instances dramatically. Relying on resident experts in different countries (one of them always being the United States), the Contextual Approach Series is designed to show how law really works in different countries and bring comparative law to life.

Practical Global Tort Litigation, the first entry in the series, takes readers on a journey through a tort case in the U.S., Germany, and Argentina. Using a shattering glass food container as the vehicle, the book compares how a prototypical products liability case would be handled in the U.S. common law system and representative civil law nations in Europe and Latin America. The book analyzes from a real world perspective issues such as fact gathering and presentation, expert witnesses, burdens of proof, theories of recovery and defenses, and damages and attorneys’ fees.

Number of Pages in PDF File: 17

Accepted Paper Series





Download This Paper

Date posted: July 1, 2010 ; Last revised: August 22, 2010

Suggested Citation

McClurg, Andrew Jay and Koyuncu, Adem and Sprovieri, Luis Eduardo, Practical Global Tort Litigation: United States, Germany & Argentina (2007). A. McClurg, A. Koyuncu & L. Sprovieri, PRACTICAL GLOBAL TORT LITIGATION: UNITED STATES, GERMANY & ARGENTINA, Carolina Academic Press, 2007; University of Memphis Legal Studies Research Paper No. 35. Available at SSRN: http://ssrn.com/abstract=1632454

Contact Information

Andrew Jay McClurg (Contact Author)
University of Memphis Cecil C. Humphreys School of Law ( email )
1 Front Street
Memphis, TN 38103
United States

Adem Koyuncu
affiliation not provided to SSRN ( email )
Luis Eduardo Sprovieri
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 332
Downloads: 44

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.500 seconds