Practical Global Tort Litigation: United States, Germany & Argentina
A. McClurg, A. Koyuncu & L. Sprovieri, PRACTICAL GLOBAL TORT LITIGATION: UNITED STATES, GERMANY & ARGENTINA, Carolina Academic Press, 2007
17 Pages Posted: 1 Jul 2010 Last revised: 22 Aug 2010
Date Written: 2007
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.
Suggested Citation: Suggested Citation