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Torts

Yeshiva University, Cardozo School of Law

Remedies

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Full-Text Articles in Law

Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok Jan 2024

Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok

Faculty Articles

Controversy over public nuisance in recent high profile cases invites the question of whether, and to what extent, it is limited by its roots in tort law. This article, which was prepared for the 2023 Clifford Symposium on “New Torts” focuses on causes of action in which the state seeks to enjoin the defendant by requiring that it abate the consequences of the invasion of a public right. In the most controversial of these public nuisance actions, such as lead paint and opioids, the wrongful conduct that is remedied by the injunctive relief has already ceased, and the state does …


European Legal Development: The Case Of Tort: Comparative Studies In The Development Of The Law Of Tort In Europe, Vol 9, Anthony Sebok Apr 2014

European Legal Development: The Case Of Tort: Comparative Studies In The Development Of The Law Of Tort In Europe, Vol 9, Anthony Sebok

Faculty Articles

This review addresses volumes 7-9 of the series Comparative Studies in the Development of the Law of Torts in Europe, edited by John Bell and David Ibbetson and published by Cambridge University Press.


The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein Dec 1990

The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein

Cardozo Law Review

Recent changes in the law of securities transfer might be characterized as trying to put an expanding multi-faceted peg in a round hole. The proverbial round hole, of course, is the traditional negotiable instrument concept that a security is transferred by delivery. The peg is the rapidly developing system of securities issuance and holding practices in which an owner's interest in a security is evidenced by an entry on his account with a broker, bank, clearing corporation, or other intermediary, and the security itself is represented by a piece of paper in the possession of that or another third party, …


Retaliatory Discharge For Workers' Compensation: Do Union Employees Need A State Tort, Scott N. Gelfand Dec 1989

Retaliatory Discharge For Workers' Compensation: Do Union Employees Need A State Tort, Scott N. Gelfand

Cardozo Law Review

No abstract provided.


Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber Aug 1989

Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber

Cardozo Law Review

No abstract provided.


Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman Mar 1989

Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman

Cardozo Law Review

No abstract provided.


Unlimitation Of Liability: Vessel Owners And The Bareboat Charter After Baker V. Raymond International, Inc., Victoria M. Bald Jan 1986

Unlimitation Of Liability: Vessel Owners And The Bareboat Charter After Baker V. Raymond International, Inc., Victoria M. Bald

Cardozo Law Review

No abstract provided.


Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman Jan 1986

Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman

Cardozo Law Review

No abstract provided.