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Book Review: The Judicial Process in Tort Cases, 28 Geo. L. J. 1146 (1940)


In this second edition of his case book, Dean Green has not altered the fundamental scheme of the original work. The principal changes he has made are these:

1. The omission of former Parts 2 and 3 which comprised over 600 pages of the first edition, and the substitution for them of some forty pages of explanatory material. These parts were called Interests in Relations with Others and Interests of Personality, Property, and in Relations with Others, and included, among other things, wrongful death and defamation. These topics are now taught in a separate Torts course in the Northwestern Law School.

2. The shortening of the remaining material by about ten per cent, and the printing of it in very readable larger type. The book is now no longer than several other torts case books.

3. The addition (and substitution) of a generous supply of cases decided since the first edition and a careful revision of footnotes.

4. Some rearrangements of the materials. The most important of these is to be found in the chapter now called Threats, Insults, Blows, Attacks, Fights, Restraints, Nervous Shocks. The number of section headings in the chapter has been increased (though some of these are lumped together for treatment, e.g. § 5 Use of Firearms, § 6 Sports and Practical Jokes, § 7 Conduct of Children and Insane Persons, and § 8 Fright and Nervous Shock). The self-defense cases have been put in a separate section. The old heading Conduct With Reference to Women has been discarded and its contents divided: the rape cases being put under Offensive Physical Contacts and the fright and shockcases being labelled as such.

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Book Review: The Judicial Process in Tort Cases, 28 Geo. L. J. 1146 (1940)

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