Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 51
Full-Text Articles in Law
Des And A Proposed Theory Of Enterprise Liability, Naomi Sheiner
Des And A Proposed Theory Of Enterprise Liability, Naomi Sheiner
Fordham Law Review
To commemorate our founding in 1914, the Board of Editors has selected six influential pieces published by the Law Review over the past 100 years and will republish one piece in each issue.
The first piece selected by the Board is DES and a Proposed Theory of Enterprise Liability. This Comment, written in 1978 by Fordham Law Review staff member Naomi Sheiner, helped to pioneer the concept of enterprise liability. It has been cited by nearly 250 scholarly articles and in more than 100 cases, including Sindell v. Abbott Laboratories, 607 P.2d 924 (Cal. 1980), the leading case …
Reputational Injury Without A Reputational Attack: Addressing Negligence Claims For Pure Reputational Harm, Bryson Kern
Reputational Injury Without A Reputational Attack: Addressing Negligence Claims For Pure Reputational Harm, Bryson Kern
Fordham Law Review
This Note examines the unsettled relationship between defamation and negligence. The law of defamation, through the torts of libel and slander, constitutes a well-developed and complex body of state common law and constitutional considerations. However, some claims for reputational harm may fall outside of this framework, as the law of defamation does not account for all of the ways that an individual’s reputation may be injured. Thus, plaintiffs sometimes bring negligence claims to seek redress for damage to reputation.
When a plaintiff brings a negligence claim for pure reputational harm, the court is faced with a variety of options for …
Where Were The Accountants? Deepening Insolvency As A Means Of Ensuring Accountants' Presence When Corporate Turmoil Materializes, Lauren Colasacco
Where Were The Accountants? Deepening Insolvency As A Means Of Ensuring Accountants' Presence When Corporate Turmoil Materializes, Lauren Colasacco
Fordham Law Review
Managerial fraud and corporate mismanagement are pervasive in today's economic climate. Previously healthy coporation find themselves in economic turmoil and even in the throes of bankruptcy. Oftentimes these corporate failures can be prevented through responsible management and proper gatekeeping. Accountants, as vital intermediaries between corporations and the parties they do business with, ensure the credibility of corporate financial statements. This gatekeeping function cannot be underestimated. Accountants have the power to prevent corporation from taking on unnecessary debt via misstatements of corporate financial health. This Note proposes that the tort of deepening insolvency is a method of ensuring that accountants, by …
The Changing Evolution Of Sports: Why Performance Enhancing Drug Use Should Be Considered In Determining Tort Liability Of Professional Athletes, Michael F. Taxin
The Changing Evolution Of Sports: Why Performance Enhancing Drug Use Should Be Considered In Determining Tort Liability Of Professional Athletes, Michael F. Taxin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia
A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia
Fordham Journal of Corporate & Financial Law
No abstract provided.
Indemnification Or Comparative Fault: Should A Tortfeasor's Right To Receive "Ryan Idemnity" In Maritime Law Sink Or Swim In The Presence Of Comparative Fault?, George K. Fuiaxis
Indemnification Or Comparative Fault: Should A Tortfeasor's Right To Receive "Ryan Idemnity" In Maritime Law Sink Or Swim In The Presence Of Comparative Fault?, George K. Fuiaxis
Fordham Law Review
No abstract provided.
Legal Malpractice And The Structure Of Negligence Law, Benjamin C. Zipursky
Legal Malpractice And The Structure Of Negligence Law, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Fairness Opinions And Negligent Misrepresentation: Defining Investment Bankers' Duty To Third-Party Shareholders, Michael W. Martin
Fairness Opinions And Negligent Misrepresentation: Defining Investment Bankers' Duty To Third-Party Shareholders, Michael W. Martin
Fordham Law Review
No abstract provided.
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Faculty Scholarship
A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …
Wrongful Birth And Wrongful Life Actions Arising From Negligent Genetic Counseing: The Need For Legislation Supporting Reproductive Choice, Kathryn J. Jankowski
Wrongful Birth And Wrongful Life Actions Arising From Negligent Genetic Counseing: The Need For Legislation Supporting Reproductive Choice, Kathryn J. Jankowski
Fordham Urban Law Journal
The Note discusses wrongful birth and wrongful life actions arising from negligent genetic counseling and explains why they should be recognized statutorily. It details the technological advances in the field of genetics and their implications for the legal duty imposed upon the medical profession. The author traces the judicial developments that led to the gradual recognition of wrongful birth actions and the refusal to recognize wrongful life actions, as well as the recent legislation that has barred both wrongful birth and wrongful life actions. The author proposes a model statute based on the following policy considerations: (1) procreative choice is …
Wrongful Birth: The Avoidance Of Consequences Doctrine In Mitigation Of Damages, Norman M. Block
Wrongful Birth: The Avoidance Of Consequences Doctrine In Mitigation Of Damages, Norman M. Block
Fordham Law Review
No abstract provided.
Libel As Malpractice: News Media Ethics And The Standard Of Care, Todd F. Simon
Libel As Malpractice: News Media Ethics And The Standard Of Care, Todd F. Simon
Fordham Law Review
No abstract provided.
Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating
Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating
Fordham Urban Law Journal
The stress of police work is evidenced by high rates of suicide, marital problems, alcoholism, heart disease, and psychosomatic illnesses. Additionally, police are required to carry a gun while off duty. Given these stresses, there is often a heightened risk for unwarranted shootings. However, municipalities are not traditionally liable under respondeat superior for the actions of its police unless a victim was shot by a police officer in very limited set of circumstances. Therefore, few municipalities impose psychological screenings on its police force. This Note proposes that municipalities take greater initiative in monitoring the fitness of its police officers, and, …
A Statute Of Repose For Product Liability Claims, Michael M. Martin
A Statute Of Repose For Product Liability Claims, Michael M. Martin
Fordham Law Review
No abstract provided.
Proxy Regulation: Ensuring Accurate Disclosure Through A Negligence Standard, Michael J. Hetzer
Proxy Regulation: Ensuring Accurate Disclosure Through A Negligence Standard, Michael J. Hetzer
Fordham Law Review
No abstract provided.
New York City's Pothole Law: In Need Of Repair, Terri J. Frank
New York City's Pothole Law: In Need Of Repair, Terri J. Frank
Fordham Urban Law Journal
In 1979, New York City enacted a local law requiring prior written notice of a defect before the city may be found liable for injuries resulting from potholes. But a prior written notice statute interferes with the traditional negligence doctrine of constructive notice. This Note examines traditional common law negligence as it relates to municipal liability. The procedural requirements and legislative history of the Pothole Law are analyzed. In addition, the legal and policy considerations surrounding its enactment are discussed. This Note recommends an alternative solution to the statute which takes into account both the procedural inequities of the law …
Products Liability In New York: Section 2-318 Of The U.C.C.--The Amendment Without A Cause, Jeffrey W. Deaver
Products Liability In New York: Section 2-318 Of The U.C.C.--The Amendment Without A Cause, Jeffrey W. Deaver
Fordham Law Review
No abstract provided.
Emotional Distress In Products Liability: Distinguishing Users From Bystanders, Linda Trummer-Napolitano
Emotional Distress In Products Liability: Distinguishing Users From Bystanders, Linda Trummer-Napolitano
Fordham Law Review
No abstract provided.
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
Fordham Law Review
No abstract provided.
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
Fordham Law Review
No abstract provided.
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Fordham Law Review
No abstract provided.
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger
Fordham Law Review
No abstract provided.
Accountants' Liability For Negligence--A Contemporary Approach For A Modern Profession, Judah Septimus
Accountants' Liability For Negligence--A Contemporary Approach For A Modern Profession, Judah Septimus
Fordham Law Review
No abstract provided.
U.C.C. Section 3-405: Of Imposters, Fictitious Payees, And Padded Payrolls, Vilia Hayes
U.C.C. Section 3-405: Of Imposters, Fictitious Payees, And Padded Payrolls, Vilia Hayes
Fordham Law Review
No abstract provided.
Accountants' Liability For Negligence--A Contemporary Approach For A Modern Profession, Judah Septimus
Accountants' Liability For Negligence--A Contemporary Approach For A Modern Profession, Judah Septimus
Fordham Law Review
No abstract provided.
Educational Malpractice: When Can Johnny Sue?
Educational Malpractice: When Can Johnny Sue?
Fordham Urban Law Journal
This comment explores three avenues to pursue educational malpractice suits. First, a negligence action for malpractice. Second, a cause of action for negligent misrepresentation. And finally, an action sounding in negligence for breach of statutory duty. Each avenue is explored in detail in terms of the likelihood of success. Importantly, the comment recognizes the inherent difficult of pursuing any education malpractice claim.
Shipowner's Duties And Apportionment Of Liability Under The Longshoremen's And Harbor Workers' Compensation Act, Anne Hintermeister
Shipowner's Duties And Apportionment Of Liability Under The Longshoremen's And Harbor Workers' Compensation Act, Anne Hintermeister
Fordham Law Review
No abstract provided.
Wrongful Conception: Who Pays For Bringing Up Baby?, Philip Braverman
Wrongful Conception: Who Pays For Bringing Up Baby?, Philip Braverman
Fordham Law Review
No abstract provided.
Actuarial Liability: Erisa, Malpractice And The Equity Funding Fraud, Robert Hershan
Actuarial Liability: Erisa, Malpractice And The Equity Funding Fraud, Robert Hershan
Fordham Urban Law Journal
Article discusses the potential effect of the Employee Retirement Income Security Act of 1974 (ERISA) on actuaries. Article discusses how actuaries may be held accountable for negligence and whether they can be considered fiduciaries.
Legal Duty To The Unborn Plaintiff: Is There A Limit, Frank Gulino
Legal Duty To The Unborn Plaintiff: Is There A Limit, Frank Gulino
Fordham Urban Law Journal
Author traces the history of legal duty in prenatal injury cases and examines the factors which contributed to the expansion and evolution of such duty. Author examines the approaches used by courts in deciding whether to grant a cause of action for prenatal injuries and analyzes recent decisions and what effect they may have on the future prenatal injury litigation.