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Full-Text Articles in Law
Should Neither Wind Nor Rain Nor Hurricane Keep Victims From Recovery? Examining The Tort And Insurance Systems’ Ability To Compensate Hurricane Victims, Kathleen A. Zink
Should Neither Wind Nor Rain Nor Hurricane Keep Victims From Recovery? Examining The Tort And Insurance Systems’ Ability To Compensate Hurricane Victims, Kathleen A. Zink
Fordham Law Review
Large-scale natural disasters, such as hurricanes, wreak tremendous havoc, causing billions of dollars in damages. Those who suffer serious damage may turn to their insurance providers or the tort system for compensation. But, both the tort and insurance systems present serious limitations to a hurricane victim’s recovery. This Note analyzes the goals and criticisms of these two systems to determine which compensates hurricane victims best. In light of its analysis, this Note ultimately concludes that neither system satisfactorily compensates victims. Yet, tort could play some role in hurricane-related damage. Tort law could effectively deter negligent behavior by imposing liability on …
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Fordham Law Review
Most litigants, if given the chance, prefer to assert tort theories to recover their economic losses, rather than rely on the remedies provided under contract law. This is primarily because plaintiffs have the potential to recover more damages under tort law than contract law. However, most courts have adopted a doctrine known as the economic loss rule to bar plaintiffs from asserting certain tort theories to recover for their economic loss. Although the economic loss rule may seem like an easy way to maintain the boundary between tort law and contract law, confusion abounds when courts attempt to determine the …
No Defense For Self-Defense: Determining Whether Courts Should Order Insurers To Represent Insureds Who Have Acted In Self-Defense, Alex Dzioba
Fordham Law Review
The right to defend oneself has traditionally been heavily protected by courts in all scenarios. However, the refuge that an act of self–defense provides becomes muddled in the context of an insurance agreement. State courts are split on whether an insured who claims to have acted in self–defense is entitled to legal representation and compensation from the insurer in light of an insurance contract containing an intentional injury exclusion clause. This clause is used virtually uniformly throughout the insurance industry and it has caused courts to ponder if an act of selfdefense fits within the language of such a clause, …
Intentional Sex Torts, Deana Pollard Sacks
Intentional Sex Torts, Deana Pollard Sacks
Fordham Law Review
Intentional tort law generally protects personal autonomy and self-determination vigorously by requiring fair disclosure before consent to physical contact is considered voluntary and valid. A glaring exception exists regarding consent to sexual relations. Although American law historically has provided remedies for fraudulent or other tortious inducement of sexual relations, current sex tort jurisprudence offers virtually no protection. The law’s contemporary “caveat emptor” approach to cases of sexual autonomy infringement is inappropriate because it departs from fundamental principles of intentional tort doctrine. In addition, the current law supports a “false” norm that sexual misappropriation is acceptable. Current law fails to protect …
Reconciling Strict Liability With Corrective Justice In Contract Law, Curtis Bridgeman
Reconciling Strict Liability With Corrective Justice In Contract Law, Curtis Bridgeman
Fordham Law Review
No abstract provided.
Seeing Tort Law From The Internal Point Of View: Holmes And Hart On Legal Duties, John C.P. Goldberg, Benjamin C. Zipursky
Seeing Tort Law From The Internal Point Of View: Holmes And Hart On Legal Duties, John C.P. Goldberg, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Evaluating Goldberg And Zipursky's Civil Recourse Theory, Jane Stapleton
Evaluating Goldberg And Zipursky's Civil Recourse Theory, Jane Stapleton
Fordham Law Review
No abstract provided.
Duty In Tort Law: An Economic Approach, Keith N. Hylton
Duty In Tort Law: An Economic Approach, Keith N. Hylton
Fordham Law Review
No abstract provided.
Philip D. Reed Professorship In Civil Justice And Dispute Resolution, Roundtable Discussion, The Future Of Class Actions In Mass Tort Cases
Fordham Law Review
The Roundtable Discussion was held on September 25, 1997 at Fordham University School of Law
Confidentiality, Counseling, And Care: When Others Need To Know What Clients Need To Disclose, Janine Sissk
Confidentiality, Counseling, And Care: When Others Need To Know What Clients Need To Disclose, Janine Sissk
Fordham Law Review
No abstract provided.
Causal Comparisons, Robert N. Strassfeld
Causal Comparisons, Robert N. Strassfeld
Fordham Law Review
Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms. He concludse that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility--we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plaintiff's failt for failure to exercise reasonable care.
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen
Fordham Law Review
In this Article, Professor Eggen discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxins in the workplace. Because of conflicts between scientific and legal causation standards, workers and affected family members often cannot prove a sufficient causal connection between toxic exposure and ensuing injury to recover under existing workers' compensation and tort laws. Thus, Professor Eggen proposes several specific reforms to both the workers' compensatoin and tort law systems to improve the availability of these relief mechanisms for toxic exposure victims.
The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera
The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera
Fordham Law Review
No abstract provided.
Medical Malpractice Protection Under The Federal Tort Claims Act: Protecting Both Physicians And Claimants, Bruce, Jr. G. Hart
Medical Malpractice Protection Under The Federal Tort Claims Act: Protecting Both Physicians And Claimants, Bruce, Jr. G. Hart
Fordham Law Review
No abstract provided.
Once Is Enough: A Proposed Bar Of The Injured Employee’S Cause Of Action Against A Third Party, Philip D. Oliver
Once Is Enough: A Proposed Bar Of The Injured Employee’S Cause Of Action Against A Third Party, Philip D. Oliver
Fordham Law Review
No abstract provided.
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.
Accidental Injury Under The New York Workmen's Compensation Law
Accidental Injury Under The New York Workmen's Compensation Law
Fordham Law Review
No abstract provided.
Manufacturers' Liability To Remote Users Of Obviously Dangerous Instrumentalities
Manufacturers' Liability To Remote Users Of Obviously Dangerous Instrumentalities
Fordham Law Review
No abstract provided.
Municipal Liability For Failure To Provide Police Protection
Municipal Liability For Failure To Provide Police Protection
Fordham Law Review
No abstract provided.
Indemnity Among Joint Tort-Feasors In New York: Active And Passive Negligence And Impleader
Indemnity Among Joint Tort-Feasors In New York: Active And Passive Negligence And Impleader
Fordham Law Review
No abstract provided.
The Effect Of Specific Allegations On The Application Of Res Ipsa Loquitur
The Effect Of Specific Allegations On The Application Of Res Ipsa Loquitur
Fordham Law Review
No abstract provided.