Practical Global Tort Litigation: United States, Germany and Argentina (Carolina Academic Press 2007) (with Adem Koyuncu and Luis Sprovieri)
Practical Global Tort Litigation is the first entry in The Contextual Approach Series to comparative law, which McClurg conceived while a professor at Florida International University College of Law. The series, for which McClurg serves as editor, is intended to show how the law “really works” in different nations by following hypothetical cases in different subject areas from beginning to completion. The books are designed to “show” instead of just “tell.”
Practical Global Tort Litigation takes readers on a journey through a products liability case in the United States, 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.
“McClurg, Koyuncu, and Sprovieri have produced the blueprint for academics interested in examining comparative approaches to the law.” — Ediberto Román, Professor of Law, Florida International University
“It is impossible to conceive of a more creative, effective, or engaging way to get one’s arms around the fascinating if unwieldy issues of comparative law than to examine through separate lenses how a particular lawsuit would be handled under such disparate legal systems, reflecting such differing cultural traditions.” — David G. Owen, Carolina Distinguished Professor of Law, University of South Carolina
“The unique focus on a single case permits three different legal systems to be compared effectively and efficiently. The brisk and accessible style makes it perfect for classroom use, although lawyers outside of the academy will find it worth reading for the sheer intrinsic pleasure of learning about how familiar concepts are handled elsewhere.” — Anthony J. Sebok, Centennial Professor of Law, Brooklyn Law School