New Perspectives on American Law An Introduction to Private Law in Politics and Society Book

	Acknowledgments
	Introduction
Ch. 1	Civil Procedure	3
I	Jurisdiction	13
II	A Short Note on Pleadings	29
III	Discovery	36
IV	Managerial Judges	58
	Conclusion	70
	Suggested Reading	71
Ch. 2	Criminal Law	73
I	Who Is the Victim? Or, on What Grounds Do We Apply the State's Coercive Force?	82
II	The Scope of the Criminal Law	111
III	Mental Elements	138
IV	Causation	168
V	Defenses	172
	Selected Bibliography	204
Ch. 3	Torts	207
I	What Does It Mean to Intend Harm?	222
II	Introduction to Duty of Care: Citizen Know Thyself	224
III	Causation: Playing Ducks and Drakes With Nature	227
IV	Negligence as Breach of Duty: Contingency and Duty in the Technological World	234
V	Strict Liability in a Complex Economic Environment	247
VI	Products Liability	252
VII	Vicarious Liability: Drunken Sailors, Stupid Employees, and the People Who Hire Them	261
VIII	When the Government Kills and Injures	264
IX	Special Relationships: The Palsgraf Principle Faces Up to the Demands of a Modern Technological Society	273
X	Speech, the First Amendment, and the Dangers of Defamation Awards	280
XI	Outrage and Organizational Psychosis: When Corporations Lose Their Minds Or Their Morals	288
	Conclusion	293
Ch. 4	Politics and the Law of Contracts	295
I	A First Look at Contract Law	295
II	Why Contract Law Is Politics, Not Economics	298
III	Two Lessons About Politics from "Ordinary" Contracts Disputes in the Courts	308
IV	Contract Law in American Political History	326
V	Contracts Today: A Forum for Contemporary Moral Debate	340
	Conclusion	350
	Select Biliography	350
Ch. 5	Property	351
I	Possession	366
II	Accession and Value	371
III	Adverse Possession	377
IV	Gifts	384
V	Forfeiture	388
VI	Landlord/Tenant	393
VII	Real Property	401
VIII	License	445
IX	Intellectual Property	448
	Conclusion	465
	Index	467
	About the Authors	470