Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 21 of 21

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 Dec 2014

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 Nov 2014

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 Oct 2013

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 Jan 2008

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 Jan 2007

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 1998

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 Jan 1997

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 Jan 1992

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 Jan 1992

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 Jan 1990

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 Jan 1990

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 Jan 1989

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 Jan 1985

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 Jan 1959

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 Jan 1959

Manufacturers' Liability To Remote Users Of Obviously Dangerous Instrumentalities

Fordham Law Review

No abstract provided.


Municipal Liability For Failure To Provide Police Protection Jan 1959

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 Jan 1959

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 Jan 1958

The Effect Of Specific Allegations On The Application Of Res Ipsa Loquitur

Fordham Law Review

No abstract provided.