Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Property Law and Real Estate
Tort Reform & The Takings Clause, Bailey D. Barnes
Tort Reform & The Takings Clause, Bailey D. Barnes
Buffalo Law Review
The United States tort reform movement has capped noneconomic damage awards in many jurisdictions, thereby preventing the most injured plaintiffs from being fully compensated for their suffering. While litigants have asserted numerous state constitutional challenges to these tort recovery limits, with varying degrees of success, aggrieved plaintiffs have underutilized the Fifth Amendment’s Takings Clause. This Article advocates that judicial reduction of a jury’s noneconomic damage calculation after the court has informed the successful plaintiff of the full verdict is a regulatory taking in violation of the federal Takings Clause, as incorporated against the states through the Fourteenth Amendment.
A Takings …
Destruction Of Community, Richard Lewis
Tort Liability And Recreational Use Of Land, Michael S. Buskus
Tort Liability And Recreational Use Of Land, Michael S. Buskus
Buffalo Law Review
No abstract provided.
Torts—Attractive Nuisance—Property Owner Not Liable For Injuries Suffered By A Child Playing With A Metal Grating Imbedded In A Public Sidewalk, Max E. Schlopy
Torts—Attractive Nuisance—Property Owner Not Liable For Injuries Suffered By A Child Playing With A Metal Grating Imbedded In A Public Sidewalk, Max E. Schlopy
Buffalo Law Review
Cuevas v. 73rd & Central Park West Corp., 26 A.D.2d 239, 272 N.Y.S.2d 41 (1st Dep't 1966).